The purpose of this chapter is to implement the County’s
growth management strategy set out in the SGMP. That strategy intends
to direct growth to areas served by adequate facilities and services.
The strategy relies on a wide range of techniques including the Capital
Improvements Plan (“CIP”), development fees, funding mechanisms
(including public improvement and County improvement districts, among
others), and liberal use of voluntary development agreements. In addition,
other growth management strategies included in this Section include
the establishment of sustainable development areas, the CIP, and the
Official Map.
Adopted by Ordinance 2016-9, December 13, 2016
12.2.1
Purpose and Overview.
The purpose of APFRs is to ensure
sustainable growth by requiring that adequate public facilities and
services are available concurrently with new development. Evaluation
of public facilities occurs at the time of application using the Adequate
Public Facilities Assessment (APFA) and applicable SRAs described
in Chapter 6. The adequacy of infrastructure and services are measured
against the County’s adopted, funded, and prioritized CIP and
the adopted levels of service (LOS) set forth in this Chapter. Facilities
evaluated through the APFR process include water, sewer, stormwater,
emergency services including fire protection and law enforcement,
parks, open space and trails, and transportation. An applicant may
expect that the County will construct facilities identified in the
CIP and applicants are only expected to provide infrastructure and
services to the extent the proposed development degrade the expected
level of service.
12.2.2
Applicability.
This Subsection applies to any application
for discretionary development approval that requires an AFPA as set
forth in Tables 4-1 and 6-1.
12.2.3
General Requirements.
12.2.3.1
The established sustainable development areas (SDAs) govern the timing
and sequencing of development. With certain caveats specified elsewhere
in this Chapter, development in SDA-1 may generally proceed immediately;
development in SDA-2 will require advancement of facilities and services
before development may proceed, or may be delayed until facilities
and services become available; development in or SDA-3 is not expected
to occur but if development does occur, advancement of facilities
and services will be required. The SDA map is attached as Map 1 in
Appendix C.
12.2.3.2
Notwithstanding the timing and sequencing of development described
in the previous paragraph, development shall maintain and not degrade
the County’s adopted LOS for a period of twenty (20) years,
except that it will be assumed in all cases that the adopted LOS requirements
are presently being met whether or not this in fact is true. Thus,
an applicant shall not be responsible for upgrading any LOS to the
adopted standard if the adopted standard is not currently being met;
an applicant is only charged with the incremental degradation from
the specified LOS that results from the proposed development.
12.2.3.3
Additional standards related to adequate public facilities are present
in design standards in Chapters 6 and 7.
12.2.3.4
A specific finding shall be made for each application concerning
the adequacy of public facilities and services associated with the
proposed development.
12.2.3.5
In order to avoid denial, deferral or conditional approval of an
application, an applicant for a discretionary development approval
may propose to construct, advance or otherwise secure funding for
the public facilities and services necessary to provide capacity to
accommodate the proposed development at the time of discretionary
development approval, incorporating legislative requirements in the
SLDC that predate the submittal of the application including, but
not limited to, the provision of adequate public facilities and services.
The terms of the construction or advancement of public facilities
and services may be incorporated into a voluntary development agreement
consistent with Section 12.4 of the SLDC.
12.2.4
Sustainable Development Areas (SDAs).
12.2.4.1
Three sustainable development areas (SDA-1, SDA-2, and SDA-3) are
established in accordance with the SGMP. Sustainable development areas
are not regulatory zones and have no direct correspondence with zoning.
They are established to guide the timing and sequencing of infrastructure,
services, and development within the County.
12.2.4.2
SDA-1 is characterized as an area where adequate public facilities
presently exist, are planned, budgeted or reasonably available. This
is a primary growth area that was targeted for growth in the SGMP.
Facilities and services within SDA-1 include water, sewer, stormwater,
emergency services, parks, open space and trails, and transportation.
12.2.4.3
SDA-2 is characterized as an area where adequate public facilities
do not exist but are planned, budgeted and will be available in the
next twenty (20) plus years in the future. SDA-2 is a secondary growth
area that contains a mix of previously developed areas and areas where
future development is likely and reasonable to occur. SDA-2 areas
are expected to urbanize over the next twenty (20) plus years as public
infrastructure and services are provided. SDA-2 is a secondary growth
area that was targeted for future growth in the SGMP and infrastructure
and services are planned to become available in the future in the
CIP, but facilities and services do not currently exist in SDA-2 and
will need to be advanced if development is desired immediately.
12.2.4.4
SDA-3 is characterized by rural and largely undeveloped areas that
presently are now predominantly agricultural. SDA-3 lands may contain
natural resources, wetlands, sensitive hillsides, archaeological areas
and other environmentally sensitive areas. Infrastructure and services
are not available, not budgeted and not planned, and any development
requiring infrastructure shall be provided at the sole expense of
the developer. Urban and suburban development in SDA-3 areas is not
likely to occur for more than twenty (20) years, if at all.
12.2.5
Determination of Adequacy of Public Facilities and Services.
12.2.5.1
Determination Required.
Notwithstanding which sustainable
growth management area a property is located within, each application
to which this Subsection applies shall require a finding of adequate
public facilities and services.
12.2.5.2
Scope of Determination.
A determination concerning public
facilities and services establishes that:
1.
the
public facilities and services exist, are planned, budgeted or reasonably
available;
2.
if
public facilities and services are planned but not yet constructed,
the determination is sufficient for approval of a development order,
but the development order may be conditioned on completion (or advancement)
of facilities and services;
3.
public
facilities and services are sufficient for subsequent phases to be
completed during the approved development period; and
4.
present
and future availability of facilities and services (the terms under
which facilities will be provided) shall be assured through a voluntary
development agreement.
12.2.5.3
Possible Findings.
The APFA shall provide a basis for
the following findings:
1.
The
application provides for adequate public facilities and services at
the time of development approval;
2.
The
application shall be denied because adequate public facilities and
services are not available and will not be available;
3.
The
application shall be conditionally approved or approved in a sectionalized
manner because inadequate [adequate] public facilities and services
are not immediately available or are presently adequate, but will
be available for the initial or subsequent sectionalized phases of
the project for a future year in which the CIP shows that adequate
public facilities will be constructed and available; and/or
4.
The
application shall be conditionally approved or approved in a sectionalized
manner because adequate public facilities and services are not immediately
available or presently adequate, but will be available for the initial
or subsequent sectionalized phases of the project because the facilities
and services will be advanced, in whole or in part, by the applicant.
12.2.5.4
Expiration of Determination.
A development order or
voluntary development agreement containing a determination of the
adequacy of public facilities and services is valid until the expiration
of the development order or voluntary development agreement.
12.2.5.5
Determining Compliance; Methodology.
The APFA shall
make a determination whether adequate public facilities and services
are available at the adopted level of service (LOS) for each public
facility and service set forth in Table 12-1. Except for roads, the
LOS is the value appearing in Column (B) of Table 12-1 attributable
to the impact area in Column (C).
1.
Compliance
with LOS standards shall be measured for each public facility and
service type set forth in Column (A) in accordance with the corresponding
standards set forth in Column (B). The LOS for each application for
development approval shall be measured within the impact area set
forth in Column (C) for each corresponding facility in Column (A).
2.
Public
facilities and services shall be adequate if the application demonstrates
that available capacity exists to accommodate the demand generated
by the proposed development, applying the methodology described herein.
|
Table 12-1: Adopted Levels of Service (LOS)
| |||
|---|---|---|---|
|
(A) Public Facility - Type or Location
|
(B) Level of Service
|
(C) Impact Area
| |
|
Roads
|
SDA-1 and SDA-2
|
D
|
within 1/2 mile of development
|
|
SDA-3
|
C
|
within 1/2 mile of development
| |
|
Emergency Response
|
Fire Vehicles and Facilities
|
Must achieve ISO 7/9
|
countywide
|
|
Sheriff Vehicles
|
2.4/1,000 residents
|
countywide
| |
|
Sheriff Facilities
|
111 sf/1,000 residents
|
countywide
| |
|
Water Supply and Liquid Waste
|
Water
|
0.25 acre ft/year (residential)*
|
per residence
|
|
To be determined by the Administrator based upon water budget
approval
|
per 10,000 sf nonresidential
| ||
|
Sewer
|
Must be created in accordance with Section 7.13.10
|
county utility, local treatment facility, or project site
| |
|
Parks, Trails and Open Space
|
Parks
|
2.35 acres/1,000 residents
|
countywide
|
|
Trails
|
.88 miles/1,000 residents
|
countywide
| |
|
Trailheads
|
1 each at the ends of the trail, and a trailhead every 5 miles
|
countywide
| |
|
Open Space
|
138 acres/1,000 residents
|
countywide
| |
|
*Subject to reduction pursuant to Section 7.13.6.1.
|
12.2.5.6
Adequacy of facilities and services within SDA-1.
As
described in Section 12.2.4.2, facilities and services within SDA-1
are planned, budgeted or reasonably available and, if not physically
present, may be included in the CIP. The adequacy of facilities and
services in SDA-1 are judged from an assumption that such facilities
and services are available and adequate. However, when facilities
and services are not physically present (but are planned and budgeted
pursuant to the CIP) they may nevertheless be needed immediately to
serve the development. If the County is unable to provide the facilities
and services for the development when needed, the facilities and services
shall be advanced as described in the next subsection.
12.2.6
Advancement of Public Facilities and Services by Applicant.
12.2.6.1
In order to avoid denial, deferral, or conditional approval of a
development permit based on the lack of adequate public facilities
and services, an applicant for a discretionary development approval
may instead propose to construct, advance, fund, or secure public
funding, for the public facilities and services to provide the necessary
Level of Service.
12.2.6.2
Any such proposed advancement of public facilities and services shall
not be accepted unless:
1.
Adequate
public facilities and services are to be provided by the applicant
for the development permit, either directly or through the appropriate
self-funding apparatus;
2.
The
necessary public facilities and services are each a prioritized and
funded capital improvement by the adopted CIP in the year in which
the improvements are planned;
3.
If
the public facility and service is not immediately available, adequate
financial assurance has been provided to assure that the public facilities
or services will be provided;
4.
The
commitment to advance the public facilities and services has been
documented in a duly signed voluntary development agreement; and
5.
Appropriate
conditions are included to ensure that the applicant will obtain any
necessary and required approvals for construction of the public facilities
or services.
12.2.6.3
Public facilities and services that are advanced may be phased along
with the proposed development so long as the applicant provides the
capacity needed to meet the adopted LOS for each phase of the development
as it is completed. Where advancement of only a portion of infrastructure
and services is approved, funding for the construction or funding
of the balance of the public facility or service shall be identified
and the future expenditure committed to in a voluntary development
agreement.
12.2.6.4
Once public facilities and services are advanced, subsequent developments
utilizing the same facilities and services within twenty years of
the original installation shall reimburse the County for the costs
of their proportionate share of the infrastructure and services. The
County shall in turn reimburse the original developer of the infrastructure
and services, less a 5% administrative assessment.
12.2.7
Financing of Adequate Public Services.
An applicant
for a development permit may elect to obtain public financing for
a development or for the advancement of public facilities and services,
or to obtain partial funding, through the appropriate funding mechanisms
specified later in this Chapter.
Adopted by Ordinance 2016-9, December 13, 2016
12.3.1
Purpose and Findings.
12.3.1.1
This Section implements the County’s Capital Improvement Plan
(“CIP”), approved and as amended by resolution of the
Board from time to time. The CIP is the mechanism by which the County
contemplates new public facilities and expansion of the capacity of
existing public facilities which are needed to accommodate existing
and anticipated future population and employment. Through the CIP,
the County intends to use reasonable means to provide public facilities
and services needed to accommodate new growth consistent with a positive
County fiscal impact. Funds to implement the CIP will come from County
general revenue, general obligation and revenue bonds, contributions
and advances of capital improvements, public improvement districts
(“PIDs”), County Improvement Districts, fees, development
fees, public utility rates, and state and federal grants.
12.3.1.2
The CIP, along with supplemental financial studies, prioritizes the
need for public facilities, estimates the cost of public facilities,
analyzes the fiscal capability of the County to finance and construct
the facilities, determines which facilities are needed to address
present deficiencies and which facilities are needed to support future
growth, establishes financial policies to fund improvements, and provides
a schedule for construction of improvements that ensures that facilities
are available when needed for a twenty-year period. The CIP shall
be used for determining and calculating development fees, adequate
public facilities requirements, Chapter 6 SRA analyses and County
fiscal impact assessments.
12.3.2
Basis for the CIP.
The CIP shall be based upon identified
public needs for infrastructure and services, the geographic service
area and location of major system components, and revenue sources
and funding mechanisms.
12.3.3
Analysis Supporting the CIP.
The CIP shall be based
upon the following analyses:
12.3.3.1
The infrastructure and service needs of the County, both present
and future;
12.3.3.2
The fiscal implications of existing deficiencies and future needs
for each type of public facility and service;
12.3.3.3
The relative priority of need; and
12.3.3.4
An assessment of the likelihood that the needed infrastructure and
services can be provided based upon the anticipated population and
revenues, including:
1.
Forecasting
of revenues and expenditures for years 1-7; 8-13; and 14-20;
2.
Projections
of debt service obligations for currently outstanding bond issues;
3.
Projections
of the ad valorem tax base, assessment ratio and ad valorem tax rate;
4.
Projections
of other tax bases and other revenue sources, such as County general
funds, federal and state grants and loans, voluntary development agreement
financing, dedications, development fees, utility and PID rates, fees,
taxes, assessments and service charges;
5.
Projections
of operating cost considerations; and
6.
Projections
of debt capacity.
12.3.4
CIP Implementation.
12.3.4.1
The CIP shall contain a 20-year schedule of capital improvement projects
by SDA-1, SDA-2 and SDA-3 areas consisting of:
1.
A
schedule of first priority (years 1-7) capital improvements that the
County has adopted to: reduce existing deficiencies; remain current
with needed replacements, repairs and maintenance; and to provide
new facilities, the need for which is generated by new development;
2.
A
schedule of second priority (years 8-14) year-by-year capital improvements
that the County has adopted to continue to reduce existing deficiencies,
remain current with needed replacements, repairs and maintenance,
and to provide new facilities, the need for which is generated by
new development, which will be used as the base set of facilities
to determine the second seven-year schedule of development fees;
3.
A
final schedule of third priority (years 15-20) capital improvements
that the County has adopted to continue to reduce existing deficiencies,
remain current with needed replacements, repairs and maintenance,
and to provide new facilities, the need for which is generated by
new development, which will be used as the base set of facilities
to determine the third six-year schedule of development fees; and
4.
A
project description and general location;
12.3.4.2
The CIP will be updated as necessary or at a minimum no less frequently
than every two years.
Adopted by Ordinance 2016-9, December 13, 2016
12.4.1
When Used.
This Subsection provides guidelines for use
of voluntary development agreements. A voluntary development agreement
may be used for any discretionary development approval that requires
an APFA as set forth in Tables 4-1 and 6-1. Any applicant may request
a development agreement for any development even if not specified
in tables 4-1 and 6-1.
12.4.2
Purpose.
The purpose for entering into a voluntary development
agreement is to provide a mechanism for the County, owner/applicants
and third party governmental entities to form agreements, binding
on all parties, successors and assigns, regarding implementation of
development orders granting concurrent applications for development
approval.
12.4.3
In General.
A voluntary development agreement is a contract
between the County and an applicant which governs, in a comprehensive
way, development of a property. A voluntary development agreement
provides assurance to the applicant that the proposed development
will not be subject to subsequent amendments to the SLDC. A voluntary
development agreement memorializes agreements concerning public services
and facilities to be provided. And, a voluntary development agreement
includes conditions and mitigation measures that must be met to assure
that the proposed development does not have unacceptable impacts on
neighboring properties, infrastructure or services. A voluntary development
agreement shall contain agreements concerning phasing of a project,
vesting, the timing of the construction of public improvements, the
applicant’s contribution toward funding system-wide community
improvements, and other conditions.
12.4.4
Contents.
A voluntary development agreement may address
some or all of the following topics, however, in all cases, a proposed
development shall use the form of agreement provided by the County
Attorney, and shall be approved as to form by the County Attorney
before being executed by the Administrator or Board, as appropriate
(see Section 12.4.5):
12.4.4.1
resolution of potential legal disputes prior to civil litigation;
12.4.4.2
resolution of pending civil litigation through settlement development
agreements;
12.4.4.3
vesting;
12.4.4.4
land uses;
12.4.4.5
development planning;
12.4.4.6
green development design and improvement standards;
12.4.4.7
conditions and mitigation requirements;
12.4.4.8
financing mechanisms, including dedications, development fees, public
and private utility rates, charges and fees, creation of assessment
and public improvement districts for the construction, operation and
ongoing service and maintenance of infrastructure and public services;
12.4.4.9
preservation of open space, scenic vistas, trails, and environmentally
sensitive lands;
12.4.4.10
use of solar and wind renewable energy systems;
12.4.4.11
mechanisms for the financing of all capital facilities and public
services;
12.4.4.12
mechanisms for assuring that the service, operation and maintenance
costs of facilities required by the County’s development approvals
are proportionally assessed to the development project owner, successors,
assigns or to the applicant;
12.4.4.13
any other topic of relevance to an application for a development
permit; and
12.4.4.14
the proposed agreement shall include all of the following terms:
1.
the names of all parties to the voluntary development agreement;
2.
a detailed description of the project which is the subject of the
voluntary development agreement, including a description of all phases
to which the agreement will apply with timetables, costs, and contingencies;
3.
detailed plats or maps of the proposed development;
4.
detailed maps of the proposed uses within the development and, to
the extent uses will change as development progresses, clear and accurate
mapping of the changes over time;
5.
a statement detailing how the voluntary development agreement is
and is not consistent with SLDC, Official Map, CIP, or other County
ordinances or regulations, or state or federal law;
6.
the effective date of the voluntary development agreement;
7.
any other agreed terms concerning enforcement, including but not
limited to, a mandatory provision within the voluntary development
agreement requiring the parties to submit disputes to mediation prior
to commencement of an administrative enforcement or civil action.
Revocation or termination of a voluntary development agreement shall
be in accordance with the procedures set forth in this chapter, which
shall be incorporated into the terms of the voluntary development
agreement;
8.
the phasing of the project and coordination of the provision of adequate
public facilities and services with each phase;
9.
the identification of land or public facilities to be dedicated,
constructed or financed by the applicant, and the designation of such
land and facilities as CIP, public or private utility, school, affordable
housing, assessment and public improvement district projects, systems
or subsystems improvements;
10.
adequate security for the development of facilities and services
for each phase of the development;
11.
a description of the development project’s proportionate share
of the total system and subsystem improvements required to be dedicated,
constructed or financed by the applicant or the development project;
12.
a complete description of any proposed public financing of improvements
(PIDs, County Improvement Districts, public bonding, road maintenance
districts, etc.);
13.
a description of offsets to dedications, development fees, money-in-lieu
of land, affordable housing fees, assessments, excise taxes, utility
rates, fees or charges otherwise due from the project;
14.
a complete description of any financial instruments to be used to
finance public facilities and services, and the impact of those on
the County, its taxpayers, and residents in the proposed development;
15.
a complete description of expected reimbursements from future development
projects, if applicable, to the applicant and its successors or assigns,
for the amount of any contribution in excess of the proportionate
share of needs generated by the development project;
16.
with respect to a proposed advancement of public facilities and services,
legally binding assurances that the public facilities or services
will be constructed notwithstanding subsequent sale, transfer, assignment
or lease of the property; and
17.
with respect to a proposed advancement of public facilities and services,
a finding that the planned public facilities or services are included
within the CIP for the year in which construction of the project is
scheduled, or the applicant commits to advancing the public facilities
or services; an estimate of the total cost of the public facilities
or services; a schedule for commencement and completion of construction
of the planned facilities or services with specific target dates for
multi-phase or large-scale capital improvements projects; a statement
that the planned public facility or service is consistent with the
timing and priorities set forth in the CIP; a statement that the planned
public facilities or services are consistent with all sections of
the SLDC relating to the Sustainable Design and Improvement standards
and requirements of the public facility; and if the planned capital
improvement will provide capacity exceeding the demand generated by
the proposed development, reimbursement may be offered to the applicant
in the year in which the capital facility would have been built as
shown in the prioritized CIP for the pro-rata cost of the incremental
capacity attributable to the proposed development. Any such commitment
shall be memorialized in an agreement to be binding and
12.4.4.15
if a contribution from the County is to be provided pursuant to a
voluntary development agreement to upgrade infrastructure that is
not meeting the adopted LOS.
12.4.5
Approval.
A voluntary development agreement, once in
draft form and having been approved by the Administrator and the County
Attorney, is adopted by the Board after notice and hearing. The Board
may, in its legislative discretion, authorize the Administrator to
enter into a voluntary development agreement so long as the approval
sought is ministerial, not legislative or quasi-judicial.
12.4.6
Limitations.
A voluntary development agreement has some
inherent limitations, including the following:
12.4.6.1
A voluntary development agreement is not a substitute for, nor an
alternative to, required development approval; and
12.4.6.2
A development agreement may be used to document agreement concerning
the advancement of public facilities and services that incorporates
the pre-existing requirements and standards set forth in the SLDC.
Such a provision in a development shall set forth obligations of the
applicant that are roughly proportional to the need for facilities
and services determined to exist, based on the SRAs and the application
of submittal data to the levels of service and other factors set forth
in the SLDC.
12.4.7
Criteria.
The Board may enter into a voluntary development
agreement pursuant to this Section only if it finds that:
12.4.7.1
the voluntary development agreement has been duly processed concurrently
with the application or applications for development approval to which
it is attached, in accordance with the processing provisions of the
SLDC;
12.4.7.2
the development project to which the voluntary development agreement
pertains is consistent with the SLDC, the Official Map and the CIP;
12.4.7.3
the applicant has agreed to provide facilities and services in order
to meet the adequate public facility and services requirements of
the SLDC;
12.4.7.4
the proposed agreement is consistent with the SLDC and the provisions
of other County ordinances and regulations and applicable state and
federal law; and
12.4.7.5
the proposed agreement is enforceable by the County and any third
party beneficiary to the voluntary development agreement, and by the
applicant and the applicant’s assigns and successors in interest
by civil judicial action, except that if an administrative revocation
or enforcement action for violation of the voluntary development agreement
has been initiated by the County and is pending, any and all enforcement
or disputes shall be determined in the administrative proceedings
prior to appeal or commencement of a civil action.
12.4.8
Force and Effect of Voluntary Development Agreements.
Unless a voluntary development agreement provides for requirements
greater than those required by the SLDC and other ordinances, plans
and regulations, development and use of the land that is the subject
of a voluntary development agreement shall occur according to the
terms, conditions, and other provisions of the agreement, consistent
with the SLDC and other ordinances, plans and regulations.
Adopted by Ordinance 2016-9, December 13, 2016
12.5.1
Authority.
The County is authorized to impose development
or development fees under the Development Fees Act, NMSA 1978, section
5-8-1 et seq. The County shall only impose development fees consistent
with the Act.
12.5.2
General.
This Section provides for the assessment and
collection of development fees development in order to recoup the
costs of capital improvements or facility expansions necessitated
by and attributable to the development. The County’s capital
improvements plan (“CIP”), as amended from time to time,
identifies capital improvements or facility expansions for which development
fees may be assessed. No specific development fees are adopted or
deemed to be adopted by this Code; instead, a schedule of impact fees
will be considered separately and adopted by the Board through resolution.
Once adopted by resolution, the development fees set out in the schedule
shall be the development fees.
12.5.3
Existing Deficiencies.
The County is responsible for
and will meet all capital improvement needs associated with existing
deficiencies. Only capital improvement needs that are generated by
new development will be paid by development fees. Subject to the provisions
of the SLDC and the Development Fees Act, development fees shall be
spent on new, expanded, or enlarged capital facilities and equipment,
and may include amortized charges, lump sum charges, capital recovery
fees, contributions in aid of construction, and any other fee that
functions as described in this Section, the need for which is attributable
to new development, and which benefits those developments that pay
the fees.
12.5.4
Purpose and Intent.
The purpose of this Subsection is
to implement and comply with the New Mexico Development Fees Act,
NMSA 1978, section 5-8-1 et seq. and shall be interpreted consistent
therewith. The intent of this Subsection is to promote the health,
safety, and general welfare of the residents of the County by:
12.5.4.1
Assessing and collecting development fees for financing new capital
facilities in an amount based upon appropriate service units needed
to serve new development in the County;
12.5.4.2
Requiring new development to bear an amount not to exceed its roughly
proportionate share of the costs related to the capital improvements
and facility expansions attributable to such new development.
12.5.4.3
Establishing County legislative procedures and substantive standards
for the adoption of land use assumptions, a CIP and criteria needed
for the imposition, calculation, collection, expenditure, and administration
of development fees assessed on new development pursuant to the requirements
of this Chapter 12 and the Development Fees Act;
12.5.4.4
Requiring all new residential and nonresidential development to pay
the development fees assessed under this Section, the need for which
is reasonably necessitated and attributable to such new development;
12.5.4.5
Providing one of the alternative means of financing the first seven
years of public facilities identified in the CIP needed to accommodate
the off-site needs attributable to new development in a proportional
and timely manner;
12.5.4.6
Ensuring that development paying development fees receives a reasonable
and direct benefit from the appropriation of development fee funds
for CIP facilities provided to meet the needs attributable to such
development;
12.5.4.7
Implementing the SGMP and the CIP by ensuring that adequate public
facilities are available in a timely and well-planned manner; and,
that public facilities, the need for which is attributable to new
such development, meet the sustainable design and improvement standards
of Chapter 7; and
12.5.4.8
Applying the legal standards and criteria of the Development Fees
Act, NMSA 1978, section 5-8-1 et seq.
12.5.5
Applicability.
This Section shall be applicable to all
development where more than five (5) lots are created either as a
result of a land division or a subdivision, and shall apply uniformly
within each service area.
12.5.6
In General.
This Section constitutes the legislative,
procedural and substantive requirements and standards by which development
fees shall be calculated, assessed and collected, pursuant to, the
Development Fees Act, NMSA 1978, section 5-8-1 et seq. Each individual
development fee shall be assessed to new development as a condition
to the development order granting discretionary development approval.
The provisions of this Section shall not be construed to limit the
power of the County to use any other methods or powers otherwise available
for accomplishing the purposes set forth in this Section, either in
substitution or in conjunction with this Section, provided that such
methods or powers are not inconsistent with or prohibited by the SLDC
or the Development Fees Act.
12.5.7
Legislative Findings, Conclusions and Determinations.
The Board hereby finds and determines that:
12.5.7.1
The County will engage a qualified professional to prepare the CIP
by service area and countywide, pursuant to land use assumptions and
the CIP needed to calculate the various development fees. The CIP
and the development fees will be based on adopted land use assumptions
and will follow the infrastructure capital improvement planning guidelines
established by the New Mexico Department of Finance and Administration.
12.5.7.2
Pursuant to NMSA 1978, section 5-8-37, the Board shall by majority
vote appoint an advisory committee to assist it in an advisory capacity
in carrying out the development fees process. The advisory committee
shall be a standing committee consisting of at least five (5) members,
40% of which shall be of the real estate, development or building
industry. No members shall be employees or officials of municipal,
county or other government. The advisory committee shall meet at the
direction of the Board, and shall follow procedural rules established
by the Board which shall require the advisory committee to complete
various action[s] within timelines established by the Development
Fees Act. The functions of the advisory committee shall include:
1.
Advising
and assisting the County in adopting land use assumptions;
2.
Reviewing
the CIP and filing written comments;
3.
Monitoring
and evaluating implementation of the CIP;
4.
Filing
annual written reports with respect to the progress of the CIP and
report to the County any perceived inequities in implementing the
plan or imposing the development fees;
5.
Advising
the County of the need to update or revise the land use assumptions,
CIP and development fees; and
6.
Other
tasks the Board may direct the advisory committee to perform that
are consistent with the Development Fees Act.
12.5.8
Land Use Assumptions.
12.5.8.1
The land use assumptions (“LUA”) provide a projection
of changes in land use densities, intensities and population within
planning service areas over at least a five-year period. Prior to
imposing a development fee, the Board will hold a public hearing to
consider the LUA that will be used to develop a capital improvements
plan related to the proposed development fee.
12.5.8.2
After adoption of initial LUA:
1.
The
County shall update the land use assumptions and CIP at least every
five (5) years or sooner if deemed necessary. The initial five-year
period begins on the day the CIP is adopted;
2.
The
advisory committee shall file its written comments with the Board
on any proposed CIP, development fees or amendments to the land use
assumptions, before the fifth business day before the date of the
public hearing on the amendments;
3.
Within
thirty (30) days after the date of the public hearing on any proposed
amendments, the Board shall approve, disapprove, revise or modify
any such proposals;
4.
Hearings
on adopting land use assumptions, the CIP, and imposition of a development
fee may be consolidated into a single hearing as permitted by NMSA
1978, § 5-8-29 of the Development Fees Act; and
5.
No
resolution approving the referenced proposals shall be adopted as
an emergency measure.
12.5.9
Definitive Tables.
The Board hereby finds and determines
that appropriate and reasonable definitive tables have been established
in the reports prepared by the qualified professionals specifying
level or quantity of use, consumption, generation or discharge of
a service unit for each category of capital improvements or facility
expansions and an equivalency or conversion table establishing the
ratio of a service unit to various types of land uses, including residential,
commercial and industrial.
12.5.10
Projected Service Units.
The Board hereby finds and
determines that the reports prepared by the qualified professionals
appropriately and reasonably establish the total number of projected
service units necessitated by and attributable to new development
within each service area and countywide based on the approved land
use assumptions and calculated in accordance with generally accepted
engineering or planning criteria.
12.5.11
Levels of Service.
The Board hereby finds and determines
that the Levels of Service specified in Table 12-1 are appropriate
and reasonable to establish levels of service.
12.5.12
Prior Deficiencies.
The County is responsible for and
will meet all capital improvement needs associated with prior deficiencies
for existing development in the County as established by the levels
of service adopted in the SLDC. Only capital improvement needs that
are attributable to new development in accordance with applicable
law will be paid by development fees. Development fees shall not exceed
the cost of paying for a proportionate share of the cost of system
improvements based upon service units needed to serve new development.
Subject to the provisions of the SLDC and the Development Fees Act
(NMSA 1978, section 5-8-1 et seq.), development fees shall be spent
on new, expanded, or enlarged capital facilities and equipment attributable
to the new developments.
12.5.13
Additional Costs.
The Board hereby finds and determines
that development fees, in addition to paying for infrastructure and
services, shall also be used to pay the following costs:
12.5.13.1
The estimated costs and professional fees paid for preparing and
updating the Capital Improvement Plan (CIP);
12.5.13.2
The costs and fees charged by the qualified professionals who are
not employees of the County for services directly related to the construction
of capital improvements or facility expansions; and
12.5.13.3
The administrative costs associated with this ordinance for County
employees who are qualified professionals. Such administrative costs
shall not exceed three percent (3%) of the total development fees
collected, as provided by NMSA 1978, section 5-8-4.
12.5.14
Capital Improvements Plan.
The Board hereby finds and
determines that:
12.5.14.1
The capital improvements plan (CIP) appropriately and reasonably
lists the growth-supporting projects that could be funded by development
fees, and the CIP sets forth an appropriate and reasonable inventory
of existing capital improvements deficiencies and growth needs, planned
capital projects and sources of funding for these projects which sources
include revenues other than development fees;
12.5.14.2
The CIP reasonably and appropriately relates to the allocation of
a fair share of the costs of new or expanded capital facilities to
be borne by new users of such facilities in the form of development
fees; and
12.5.14.3
The CIP shall be updated every five (5) years after an initial CIP
is adopted or sooner if deemed necessary. The CIP may be considered
by the Advisory Committee and Board in adopting a CIP-based development
fee program pursuant to the Development Fees Act.
12.5.15
Establishment of Service Areas.
The Board hereby finds
and determines that service areas for the development fees are established
as follows:
12.5.15.1
Roadways.
The Road Maintenance Districts established
by the Board are the service areas for roadways.
12.5.15.2
Potable Water and Wastewater.
The geographic areas
designated as the service area of the Santa Fe County Water and Wastewater
Utility shall be the designated service areas for potable water and
liquid waste.
12.5.15.3
Law Enforcement.
The entire unincorporated area
of the County shall be the service area for law enforcement.
12.5.15.4
Fire and Rescue.
The areas of the Santa Fe County
fire districts shall be the service area for fire and rescue services.
12.5.15.5
Parks and Recreation Areas.
The unincorporated
area of Santa Fe County shall be the service area for county parks.
12.5.15.6
Open Spaces.
The entire unincorporated area of
Santa Fe County shall be the service area for open spaces.
12.5.15.7
Trails.
The entire unincorporated area of Santa
Fe County shall be the service area for trails.
12.5.15.8
Trailheads.
The entire unincorporated area of
Santa Fe County shall be the service area for trailheads.
12.5.16
Public Interest.
12.5.16.1
The Board, after careful consideration of the matter, hereby finds
and declares that it is in the best public interest of the health,
safety and general welfare of the County and its residents to assess
development fees upon new development in order to finance capital
facilities in the designated service areas for which demand is attributable
to the new development.
12.5.16.2
The Board further finds and declares that development fees provide
a reasonable method of assessing new development to ensure that such
new development pays a proportionate share of the costs of capital
facilities that are attributable to the new development in accordance
with applicable law;
12.5.16.3
The Board further finds and declares that such development fees are
equitable, and impose a fair and reasonable assessment on new development
by requiring that new development pay a portion of the cost for facilities
the need for which new development is attributable, and deems it advisable
to adopt this Subsection as set forth;
12.5.16.4
The Board further finds and declares that there exists a reasonable
relationship between the capital costs of providing capital facilities
at the level of service adopted and the development fees imposed on
development under this ordinance;
12.5.16.5
The Board further finds and declares that there exists a reasonable
relationship between the development fees to be collected pursuant
to this Section and the expenditure of those funds on capital costs
related to capital facilities, the need for which attributable to
new development;
12.5.16.6
The Board further finds and declares that this Subsection is consistent
with the procedural and substantive requirements of the Development
Fees Act (NMSA 1978, section 5-8-1 et seq.); and
12.5.16.7
The Board further finds and declares that new development shall be
presumed to impose maximum development on the necessary public capital
facilities at the level of service established by this ordinance.
12.5.17
Items Payable and Not Payable by Development Fee.
12.5.17.1
Payable.
Development fees pursuant to this Section
shall be imposed upon all new residential and nonresidential development
to pay the fair and proportionate share of the costs of capital improvements,
as identified in the first seven (7) years of the CIP, the need for
which is attributable to such development. New development shall pay
an amount not to exceed its proportionate share of the capital costs
related to the additional capital facilities attributable to that
new development.
12.5.17.2
Not Payable.
No development fees shall be imposed
or used to pay for:
1.
Construction, acquisition or expansion of public facilities or assets
that are not capital improvements or facility expansions identified
in the CIP;
2.
Repair, operation or maintenance of existing or new capital improvements
or facility expansions;
3.
Upgrading, updating, expanding or replacing existing capital improvements
to serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
4.
Upgrading, updating, expanding or replacing existing capital improvements
to provide better service to existing development;
5.
General administrative and operating costs of the County except for
those administrative costs permitted by Section 12.5.13.3 herein;
6.
Principal payments or debt service charges on bonds or other indebtedness;
or
7.
Libraries, community centers, schools, projects for economic development
and employment growth, affordable housing or apparatus and equipment
of any kind, except capital improvements as defined in NMSA 1978,
section 5-8-2 of the Development Fees Act.
12.5.17.3
Funding and Curing Deficiencies.
The funding and
provision of capital facilities necessary to cure any deficiencies
that may exist shall be provided by the County using independent funding
sources allocated for such facilities, and no development fees. Such
funding sources may include, but are not limited to, state, federal
funds, grants, public and private utility rates, charges and fees,
the general fund, general obligation bonds, public improvement district
taxes, assessments and fees, and redevelopment district fees, taxes,
and assessments.
12.5.18
Imposition of Development Fees.
12.5.18.1
Development shall pay development fees in the manner specified in
this Section of the SLDC in an amount specified by separate resolution
of the Board as specified in Section 12.5.2. No development permit
shall be issued for development unless and until the development fees
are assessed and collected pursuant to this Section.
12.5.18.2
Payment of development fees specified in this Section shall constitute
full and complete payment of the project’s proportionate share
of off-site facilities and services for which such development fee
was paid and shall constitute compliance with the requirements of
this Section.
12.5.18.3
Nothing in the SLDC shall prevent the County from requiring construction
of reasonable facilities and service necessitated by and attributable
to development as a condition of development approval or pursuant
to a voluntary development agreement if facilities and services are
not available.
12.5.18.4
The development fees, once established [and set] forth in a Fee Schedule
made a part of a resolution of the Board, are imposed upon development
in the County to which the SLDC is applicable.
12.5.19
Calculation, Assessment and Collection of Development Fees.
12.5.19.1
Assessments of development fees shall be in writing and shall be
made at the time that the first discretionary development approval
is granted by development order, and payment of a development fee
shall occur on or prior to the date of issuance of a development permit.
The assessment shall be valid if not paid for a period of five (5)
years from the date of approval of the development order.
12.5.19.2
After the expiration of the five-year period described in the previous
paragraph, the County shall adjust the assessed development fee to
the level of the then-current development fees. Notwithstanding the
provisions of this Section, the assessment of development fees shall
be revised if the number of service units in the specific development
project increases, provided that such revision shall be limited to
the development fees for the additional service units.
12.5.19.3
Any person applying for a development permit on a parcel that received
development approval prior to the enactment of the SLDC but for which
a development permit has not been assessed or paid, shall be assessed
and shall pay development fees at the time of issuance of the development
permit; provided, however, that any such property that received development
approval on or before 1993, the effective date of the Development
Fees Act, shall not be required to pay development fees.
12.5.19.4
After assessment and payment of development fees attributable to
development, or following execution of a development agreement for
payment of development fees pursuant to Section 12.5 of the SLDC,
additional development fees or increases in the amount of the development
fees shall not be assessed for any reason unless the number of service
units to be developed increases. In the event of an increase in the
number of service units, the new development fees to be imposed shall
be limited to the amount attributable to the additional service units.
12.5.19.5
Development fees shall be used to pay for capital improvements or
facilities expansions that have been identified in the CIP, so long
as the County commits to complete construction within seven (7) years
and to have the facility and service available within a reasonable
period of time after completion of construction, considering the type
of capital improvement or facility expansion to be constructed.
12.5.19.6
The County and the applicant may enter into a voluntary development
agreement that provides in the case if capital improvements or facility
expansions are advanced, constructed, or financed by an applicant,
then the costs incurred or funds advanced will be credited against
the development fees otherwise due from the development at the time
of development permit issuance; or, the County may agree to reimburse
the owner for such costs from development fees paid from other developments
that will use such capital improvements or facility expansions. Such
other development fees shall be collected and reimbursed to the property
owner of record of the new development at the time such other discretionary
development approvals are recorded or development fees are paid by
the other development, whichever is earliest.
12.5.19.7
The time period set forth in this Section may be extended, provided
the County obtains a performance bond, letter of credit, or similar
surety securing performance of the obligation to construct the capital
improvements or facility expansions, but in no event shall the time
period be extended longer than seven (7) years from commencement of
construction of the capital improvements or facility expansion for
which development fees have been collected. This Section shall constitute
written procedures ensuring that the owner of a new development shall
not lose the value of the credits and that a refund for the development
fees paid shall be made as provided in this Section.
12.5.19.8
The Administrator shall calculate and assess development fees as
follows:
1.
Determine the applicable service area;
2.
Determine the applicable land use category;
3.
Verify the number of service units (dwelling units, hotel/motel/bed
& breakfast rooms, RV or campsites) or the amount of gross floor
area (whichever is applicable) in the development;
4.
Multiply the number of dwelling units or the amount of gross floor
area, whichever is applicable, by the applicable development fees
from the development fee schedule adopted by the Board;
5.
If the assessment occurs at the time of subdivision plat or land
division plat approval, the assessment shall be based on the applicable
fee schedule;
6.
If an application proposes a use that does not directly match an
existing land use category upon which fees are based, the Administrator
shall assign the proposed use to the existing land use category that
most closely resembles the proposed use;
7.
When new development for which an application for a development permit
has been made includes two or more buildings, structures or other
land uses in any combination, including two or more uses within a
building or structure, the total development fee assessment shall
be the sum of the fees for each and every building, structure, or
use, including each and every use within the building or structure;
8.
When [there is] a change of use, plat or replat, redevelopment or
modification of an existing use or building for which development
fees have been paid previously and a development permit is required
for the change of use, plat or replat, redevelopment or modification,
the development fee shall be based on the difference between the development
fee calculated for the previous use and the development fee calculated
for the proposed use. Should a redevelopment or modification of an
existing use or building that requires the issuance of a development
permit but does not involve a change in 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 use, redevelopment or modification of an existing use or
building result in a net decrease in gross floor area or calculated
development fee, no refund or credit for past development fees paid
shall be made; and
9.
In addition to the cost of new or expanded system improvements needed
to serve new development, the development fee shall also include the
proportionate cost of existing system improvements, but only to the
extent that such facilities have excess capacity and new development
as well as existing development will be served by such facilities.
12.5.19.9
The Administrator shall retain a record of development fee assessments.
A copy shall be provided to the applicant on the forms prescribed
by the County. A notice of development fees assessment for the site
shall be recorded in the appropriate real property title records of
the County Clerk.
12.5.19.10
Development fees shall be due and payable at the time of issuance
of a development permit.
12.5.20
Credits and Refunds.
12.5.20.1
Credits.
The County shall grant a credit against
development fees imposed pursuant to the SLDC, as follows:
1.
Credits shall be granted for the value of any on-site or off-site
construction of improvements or contribution or dedication of real
or personal property with off-site benefits and are not required to
serve the new development, are not listed on the CIP, and are in excess
of the standards required by the SLDC, and made by a developer or
his predecessor in title or interest as a condition of development
approval or pursuant to a voluntary development agreement with the
County;
2.
Such credit shall include the value of any dedication of land for
parks, recreation areas, open space, trails and related areas or facilities
or payments in lieu of that dedication; and dedication of rights-of-way
or easements or construction or dedication of on-site water distribution,
wastewater collection or drainage facilities, or streets, sidewalks
or curbs;
3.
Credits shall only be granted for system improvements in the same
category and within the same service area for which development fees
are imposed pursuant to this Subsection;
4.
Credits shall only be granted for contributions, dedications or improvements
accepted by the County. Cash contributions shall be deemed accepted
when payment is received and accepted by the County. Land or easements
shall be deemed accepted when conveyed or dedicated to and accepted
by the County. All conveyances and dedications of land or easements
shall be conveyed to the County free and clear of all liens, claims
and encumbrances. Improvements shall be deemed accepted when the construction
of the creditable improvement is complete and accepted by the County;
5.
Notwithstanding the previous paragraph, the County may, by agreement,
grant credits for system improvements which have not been completed
if the applicant for such credits provides the County with acceptable
security to ensure completion of the system improvements in the form
of a performance bond, irrevocable letter of credit, or escrow agreement
or other form of security payable to or for the benefit of the County
in an amount determined by the Administrator to be equal to 120 percent
of the estimated completion cost of the system improvements, including
land acquisition costs and planning and design costs. The value of
such system improvements for computing credits shall be their estimated
completion cost, based on documentation acceptable to the County;
6.
Credits shall not be granted for:
a.
System improvements that fail to meet applicable County standards;
b.
System improvements that are not in excess of the level of service
established in the SLDC;
c.
System improvements required by zoning, subdivision, or other County
regulation intended to serve the development;
d.
System improvements that are in excess of the level of service established
in this ordinance unless such system improvements are listed on the
CIP and are required as a condition of development approval; or
e.
A study, analysis or report, or portion thereof, required by the
County to determine the system improvements for a development project;
7.
Voluntary development agreements for system improvements may be negotiated
and entered into between the County and a developer, subject to the
following:
a.
A developer may offer to construct, contribute, dedicate or pay the
cost of a system improvement included as a project in the CIP;
b.
The County may accept such offer on terms satisfactory to the County;
c.
The terms of the agreement shall be memorialized in a written agreement
between the County and the developer prior to the issuance of a development
permit;
d.
The agreement shall establish the estimated value of required system
improvements, the schedule for initiation and completion of the system
improvements, a requirement that the system improvements be completed
to accepted County standards as set forth in Chapter 7, and such other
terms and conditions as deemed necessary by the County; and
e.
The County shall review the system improvements plan, verify costs
and time schedules, determine if the system improvements are eligible
system improvements, determine if the completed improvement meets
applicable County standards, calculate the applicable development
fees otherwise due, determine the amount of the credits for such system
improvements to be applied to the otherwise applicable development
fees, and determine if excess credits are created; and
8.
Credits for system improvements shall be applied for as follows:
a.
Credits shall be applied for no later than the time of application
for a development permit, on forms provided by the County; as-built
or record drawings shall be provided before a credit will be applied.
Credits not applied for within such time period shall be deemed waived;
b.
Credits created pursuant to a voluntary development agreement shall
be applied for no later than the time specified in the voluntary development
agreement;
c.
The value of credits and the calculation of excess credits shall
be determined by Administrator, in writing;
d.
The value of credits for system improvements shall be computed as
follows: (i) the value of cash contributions shall be based on the
face value of the cash payment at the time of payment to the County;
(ii) the value of unimproved land or easements shall, at the option
of the applicant, be the fair market value of the land or easement
prior to any increase in value resulting from development approval
demonstrated by an appraisal prepared by an appraiser acceptable to
the County;
e.
The acquisition cost of the land or easement to the developer or
his/her predecessor in title or interest demonstrated by documentation
acceptable to the County;
f.
The value of system improvements shall, at the option of the applicant,
be: (i) the fair market value of the completed system improvement
at the time of acceptance by the County demonstrated by an appraisal
prepared by an appraiser acceptable to the County that demonstrates
the combined fair market value of land, easements or completed improvements
at the time of acceptance by the County, less the increase in land
value resulting from development approval; or (ii) the actual construction
cost of the completed system improvement, including planning and design
costs, demonstrated by documentation acceptable to the County;
g.
The value of system studies shall be the cost of the study demonstrated
by documentation acceptable to the County;
h.
An applicant for credits shall be responsible for providing at his/her/its
own expense the appraisals, construction and acquisition cost documentation
and other documentation necessary for the valuation of credits by
the Administrator. The County shall not be obligated to grant credits
to any applicant who cannot provide such documentation in such form
as the development fees administrator may require;
i.
The Administrator may accept an appraisal that was prepared contemporaneously
with the original contribution, dedication or construction of a system
improvement if he/she determines that such appraisal is reasonably
applicable to the computation of the credit due;
j.
The Administrator retains the right to obtain, at the County’s
expense, additional engineering and construction cost estimates and/or
property appraisals that may, at the Administrator’s option,
be used to determine the value of credits; and
k.
Credits granted for system improvements and system studies shall
be applied as follows: (i) Credits shall be granted in the year the
project appears in the CIP; (ii) Credits shall be applied first to
offset the development fees otherwise due for the development project
for which the credit was granted. If the value of the credit exceeds
the development fees otherwise due, the excess credits shall become
the property of the applicant, subject to the requirements of this
Subsection; (iii) Credits shall only be applied to offset development
fees for the same category of system improvements, within the same
service area for which the credit was granted. Credits shall not be
used to offset development fees for other categories of system improvements
or for other service areas.
12.5.20.2
Refunds.
1.
Upon completion of the system improvements identified in the CIP,
the County shall recalculate the development fee using the actual
costs of the system improvements. If the development fee calculated
based on actual costs is less than the impact fee paid, including
any sources of funding not anticipated in the CIP, the County shall
refund the difference if the difference exceeds the development fee
paid by more than ten percent, based upon actual costs.
2.
The County shall refund any development fee or part of it that is
not spent within seven years after the date of payment.
3.
A refund shall bear interest calculated from the date of collection
to the date of refund at the statutory rate as set forth in NMSA 1978,
section 56-8-3.
4.
All refunds shall be made to the record owner of the property at
the time the refund is paid. However, if the development fees were
paid by a governmental entity, payment shall be made to the governmental
entity.
12.5.21
Use of and Administration of the Development Fees Collected.
12.5.21.1
Each development order granting discretionary development approval
and assessing development fees upon a new development shall provide
that all monies collected from such development fees shall be maintained
in separate interest-bearing account that clearly identifies the new
development owner and the category of system improvements within the
various service areas for which the fees were collected. The County
shall be entitled to retain up to three percent (3%) of the development
fees collected annually to offset the permissible administrative costs
associated with the collection and use of such funds. The County may
issue bonds in such manner and subject to such limitations as may
be provided by law in furtherance of the provision of system improvements.
Funds pledged toward retirement of bonds for such projects may include
development fees and other County revenues as may be allocated by
the Board.
12.5.21.2
Interest earned on such development fees shall become part of the
account on which it is earned and shall be subject to all the restrictions
placed on the use of development fees under this Section.
12.5.21.3
Development fees shall be spent only for the purposes for which the
development fee was assessed as shown by the CIP for the purpose of
planning, design, land acquisition, construction, expansion and development
of system improvements for the service area from which the development
fees were collected.
12.5.21.4
The records of the account into which development fees are deposited
shall be open for public inspection and copying during ordinary business
hours of the County.
12.5.21.5
As part of its annual audit process, the County shall prepare an
annual report for each account describing the development fees collected,
encumbered and used during the preceding year by category of capital
improvement and service area identified.
12.5.21.6
The Administrator shall establish and maintain accurate financial
records for the development fees collected which shall clearly identify
for each development fee payment, the payer of the development fee,
the specific development project for which the fee was paid, the date
of receipt of the development fee, the amount received, the category
of capital improvement for which the fee was collected, and the applicable
service area. The financial records shall show the disbursement of
all development fees, including the date and purpose of each disbursement.
12.5.22
Exemptions.
12.5.22.1
The following types of new development shall be exempt from the development
fees imposed pursuant to this ordinance:
1.
Any reconstruction of a destroyed or partially destroyed building
provided that the destruction of the building occurred for reasons
other than by willful razing or demolition. The exemption only applies
to the replacement of the previous facility. A change of land use
or increase in dwelling units is subject to payment of development
fees as provided in this Section.
12.5.22.2
The applicant for an exemption from development fees shall have the
burden of claiming and proving that a development project qualifies
for any of the exemptions listed in this Subsection. Such exemptions
shall be granted or denied in writing by the Administrator.
12.5.22.3
An application for an exemption shall be made to the Administrator.
An application not filed before the issuance of a development permit
shall be deemed waived.
12.5.22.4
The County may adopt administrative procedures and guidelines to
implement exemptions granted pursuant to this Section.
12.5.23
Independent Fee Determinations.
An independent determination
of development fees may be made as follows:
12.5.23.1
An applicant for development approval may elect to have an independent
determination of the development fees due for the development project
in accordance with this Section. Any applicant who makes this election
shall prepare and submit to the Administrator an independent fee study
for the development project for which discretionary development approval
is sought.
12.5.23.2
An applicant wishing to submit an independent study should notify
the Administrator of such intent and the Administrator shall require
the applicant to attend a pre-development approval application meeting
with the Administrator to establish appropriate guidelines for the
independent study. Documentation, substantive studies and process
requirements reached at the pre-application meeting regarding methodology,
required forms or documentation, or procedures shall be included in
a written memorandum by the Administrator. A copy of this memorandum
shall be sent to the applicant. The documentation, substantive studies
and process requirements set out in the memorandum shall expire in
thirty (30) days unless the applicant files with the Administrator
a written acknowledgement receipt and acceptance of the memorandum
within the thirty (30) day period.
12.5.23.3
All independent fee studies shall be prepared for review and submitted
to the Administrator no later than at the time of application for
the discretionary development approval. Any submission not so made
shall be deemed waived.
12.5.23.4
Each independent fee study shall comply in all respects with the
requirements of this Section and be organized in a manner that will
allow the Administrator to readily ascertain such compliance.
12.5.23.5
Each independent fee study shall comply with all other written specifications
as may be required by the Administrator from time to time.
12.5.23.6
The Administrator shall determine the appropriate development fees
based on the results of the independent fee study and the applicable
development fee schedule.
12.5.23.7
A development fee calculated in accordance with this Subsection and
approved and certified in writing by the Administrator shall be valid
for four years following the certification. Following such period,
a new application for an independent fee study shall be made. Any
change in the submitted development subdivision or site plan that
in any material way affects said fee calculation shall void the certification
of the fee.
12.5.23.8
The decision of the Planning Commission or Board shall, in all instances,
be the final administrative decision and shall be subject to judicial
review in accordance with applicable law.
12.5.24
Effect of Development Fee on Zoning and Subdivision Regulations.
12.5.24.1
This Subsection shall not affect, in any manner, the permissible
use of property, density of development, sustainable design and improvement
standards and requirements, or any other aspect of the development
of land or provision of capital improvements subject to the SLDC,
which shall be operative and remain in full force and effect without
limitation with respect to all such development.
12.5.24.2
The assessment of a development fee is additional and supplemental
to, and not in substitution of, any non-financial requirements imposed
by the County on the development of land or the issuance of development
permits. Payment of the development fee shall not waive or otherwise
alter compliance with the SLDC or other County requirements, ordinances
and resolutions by which the County seeks to ensure fiscal integrity
and the provision of adequate public facilities in conjunction with
the development of land.
12.5.25
Periodic Evaluation.
The Advisory Committee, the Planning
Commission and the Board shall review, update and propose amendments
to this Section, the CIP, the land use assumptions and the development
fees every five (5) years from the effective date of adoption of the
SLDC. The Advisory Committee and Planning Commission shall file its
written comments concerning any amendments with the Board. The Board
shall take action on any proposed amendments consistent with the provisions
of the Development Fees Act.
Adopted by Ordinance 2016-9, December 13, 2016
Public financing of improvements and services is available through
the means described in the succeeding sections of the SLDC. A development
has the option of providing all the necessary facilities and services
in a development without any assistance from a source of public financing.
However, if public financing is desired, a number of options are available,
which are described. A development may utilize an appropriate source
of funding to provide development infrastructure, as well as to address
the impacts on County facilities and services identified in the SRAs.
Adopted by Ordinance 2016-9, December 13, 2016
12.7.1
Purposes.
This Section is adopted in order to:
12.7.1.1
Protect the County from undue fiscal impact caused by sprawl development
due to the continually expanding need of the County to provide infrastructure,
services, operation, repair and replacement for needs generated by
development at greater distances, with greater vehicle miles travelled
and trip generation, accompanied by a drop in the level of service
and efficiency in delivery;
12.7.1.2
Assure additional sources of revenue from the residents of development
projects for on-site infrastructure construction, provision, service,
operation, maintenance, repair and replacement, the need for which
is generated by the development project;
12.7.1.3
Incentivize rainwater capture, treatment and reuse and renewable
energy solar and wind facilities through PID reimbursement to developers
installing such systems, which will benefit the subsequent owners
of land within the PID through lowering the future cost of electricity
and water;
12.7.1.4
Reduce the cost to developers of meeting the SLDC’s sustainable
design and improvement requirements by placing a proportionate share
of the cost of on-site improvements on the future occupants or residents
of the development project; and
12.7.1.5
Authorize the following activities deemed essential to implement
the purposes set forth above:
1.
Planning,
design, engineering, construction, acquisition or installation of
public infrastructure, including the imposition of costs of applications,
development fees and other fees, permits and approvals related to
the construction, acquisition or installation of such infrastructure
on the applicant for discretionary development approval;
2.
Acquiring,
converting, renovating or improving existing facilities and infrastructure,
including facilities owned, leased or installed by an owner;
3.
Acquiring
interests in real property or water rights for public infrastructure,
including interests of an owner;
4.
Establishing,
maintaining and replenishing reserves in order to secure payment of
debt service on bonds;
5.
Funding
and paying from bond proceeds interest accruing on bonds for a period
not to exceed three years from their date of issuance;
6.
Funding
and paying from bond proceeds fiscal, financial and legal consultant
fees, trustee fees, discount fees, district formation and election
costs and all costs of issuance of bonds issued pursuant to the Public
Improvement District Act, including, but not limited to, fees and
costs for bond counsel, financial advisors, consultants and underwriters,
costs of obtaining credit ratings, bond insurance premiums, fees for
letters of credit and other credit enhancement costs and printing
costs;
7.
Providing
for the timely payment of debt service on bonds or other indebtedness
of the district;
8.
Refinancing
any outstanding bonds with new bonds, including through the formation
of a new public improvement district; and
9.
Incurring
expenses of the district incident to and reasonably necessary to carry
out the purposes specified in this Section.
12.7.2
Liberal Interpretation.
This Section, being necessary
for the health, safety and general welfare of the County and its inhabitants,
shall be liberally construed to effect the purposes of the Public
Improvement District Act, NMSA 1978, section 5-11-1 et seq. This Section
shall be construed as consistent with Resolution No. 2006-40 (“Adopting
the Santa Fe County Public Improvement District Policy and Application
Procedures for the Evaluation and Approval of Applications for the
Formation of Public Improvement District in Santa Fe County”),
as amended, so long as that resolution is in effect.
12.7.3
Cumulative Authority and Creation of PIDs.
12.7.3.1
Cumulative Authority.
This Section is adopted pursuant
to the authority of the Public Improvement District Act, NMSA 1978,
section 5-11-1 et seq., and shall be deemed to provide an additional
and alternative method for the construction, financing, installation,
maintenance and repair of public facilities and services authorized
by that Act and shall be regarded as supplemental and additional to
all other County powers conferred by other laws. This Section is adopted
to implement the provisions of the SGMP and other sections of the
SLDC and shall not be regarded as in derogation of any powers now
existing.
12.7.3.2
Resolution Declaring Intention to Form District.
On
presentation of a petition signed by the owners of at least twenty-five
percent (25%) of the real property by assessed valuation proposed
to be included in the PID, together with a general plan for the PID,
the Board may adopt a resolution declaring its intention to form a
PID to include contiguous or noncontiguous property, which shall be
wholly within the corporate boundaries of the County. If the Board
fails to act within ninety (90) days following presentation of a petition
to create a PID, the petition shall be deemed to have been accepted
by the Board, which shall adopt a resolution and hold a public hearing
pursuant to this Section. The resolution shall state and/or include
the following:
1.
The
area or areas to be included in the PID;
2.
The
purposes for which the PID is to be formed;
3.
A
general plan for the PID to be subsequently filed with the County
Clerk upon approval of the PID, which shall include a map depicting
the boundaries and the real property proposed to be included, a general
description of anticipated improvements and their locations, general
cost estimates, proposed financing methods and anticipated tax levies,
special levies or charges, and that may include possible alternatives,
modifications or substitutions concerning locations, improvements,
financing methods and other information;
4.
The
rate, method of apportionment and manner of collection of a special
levy, if one is proposed, in sufficient detail to enable each owner
or resident within the district to estimate the maximum amount of
the proposed levy;
5.
A
notice of public hearing in conformity with the requirements of Chapter
4;
6.
The
place where written objections to the formation of the PID may be
filed by an owner;
7.
That
formation of the district may result in the levy of property taxes
or the imposition of special levies to pay the costs of public infrastructure
constructed by the district and for their operation and maintenance
and may result in the assessment of fees or charges to pay the cost
of providing enhanced services;
8.
A
reference to the Public Improvement District Act NMSA 1978, section
5-11-1;
9.
That
the PID will be governed by the Board;
10.
That, prior to holding a hearing on formation of the PID, a study
of the feasibility and estimated costs of the improvements, services,
enhanced services and other benefits proposed to be provided pursuant
to the Public Improvement District Act NMSA 1978, section 5-11-1,
be prepared by the applicant or the Administrator for consideration
by the Board at its hearing on formation of the PID. The study shall
substantially comply with the requirements of NMSA 1978, section 5-11-16.
The PID may require that the persons petitioning for formation of
the PID deposit, consistent with the requirements of Resolution No.
2006-40, with the Administrator an amount equal to the estimated costs
of conducting the feasibility study and other estimated formation
costs, to be reimbursed and financed pursuant to NMSA 1978, section
5-11-3 of the Public Improvement District Act;
11.
The resolution shall direct that a hearing on formation of the district
be scheduled and that notice be mailed and published as provided in
NMSA 1978, section 5-11-4; and
12.
Where 100% of the owners of the land to be included in the PID have
acknowledged in the petition to form the PID that they approve of
the formation of the PID, no notice of public hearing or the holding
of a public hearing is required before the Board adopts a resolution
creating the PID.
12.7.4
Board of Directors.
The Board shall constitute the Board
of Directors of any PID formed pursuant to this Section. The Board
shall keep the following records, which shall be open to public inspection:
minutes of all meetings of the Board when acting for the PID; all
resolutions; all PID accounts showing all money received and disbursed;
the PID annual budget; and all other records required to be maintained
by law. The Board shall appoint the County Clerk and County Treasurer
to act as the clerk and treasurer for the PID.
12.7.5
Implementation of the PID, SGMP, CIP, Official Map, SLDC, Area or
Community Plans.
Following formation of any PID, the
Board shall administer in a reasonable manner and implement the PID
general plan, the CIP, the SLDC, any area plan prepared by the developer
for the PID or any applicable community plan for the public infrastructure
improvements of the PID.
12.7.6
Formation, Amendment and Dissolution of a PID.
12.7.6.1
Formation.
A PID shall be formed in compliance with
the Public Improvement District Act.
12.7.6.2
Dedication of Infrastructure and Land; Development Fee Credits.
Where a PID is established, all on-site public facilities shall
be built by the applicant for the development project, and such facilities,
together with the land upon which such facilities are situated, shall
be dedicated to the established PID.
12.7.6.3
Creation of Other PIDs.
The formation of a PID shall
not prevent the subsequent establishment of similar PIDs or the improvement
or assessment of land in the PID or the exercise by the County of
any of its powers on the same basis as on all other land in its corporate
boundaries.
12.7.6.4
Amendment.
1.
Addition of New Area.
At any time after adoption of
a resolution creating a PID, an area may be added to the PID upon
the approval of the owners of land in the proposed addition area and
the resident qualified electors residing therein, as well as the owners
of land in the PID and the PID resident qualified electors, in the
same manner as required for the initial formation of a PID.
2.
Deletion of Area.
After the formation election, an area
may be deleted from the PID only following a hearing on notice to
the owners of land in the PID given in the manner prescribed for the
formation hearing, adoption of a resolution of intention to do so
by the Board, and voter approval by the owners and resident qualified
electors as provided in NMSA 1978, §§ 5-11-6 and 5-11-7,
of the Public Improvement District Act. Lands within the PID that
are subject to the lien of property taxes, special levies or other
charges imposed pursuant to the Public Improvement District Act, NMSA
1978, section 5-11-6, shall not be deleted from the district while
there are bonds outstanding that are payable by such taxes, special
levies or charges.
12.7.7
Perpetual Succession.
All PIDs shall have perpetual
existence until terminated pursuant to NMSA 1978, section 5-11-24
of the Public Improvement District Act.
12.7.8
Dissolution of a PID.
A PID shall be dissolved by the
Board upon a determination that each of the following conditions exist:
12.7.8.1
All improvements owned by the PID have been, or provision has been
made for all improvements to be, conveyed to the County;
12.7.8.2
All obligations of the PID pursuant to any voluntary development
agreement with the County have been satisfied; and
12.7.8.3
All property in the PID that is subject to the lien of PID taxes
or special levies shall remain subject to the lien for the payment
of general obligation bonds and special levy bonds, notwithstanding
dissolution of the PID. The PID shall not be dissolved if any revenue
bonds of the PID remain outstanding unless a sufficient amount of
money, together with investment income thereon, is available to make
all payments due on the revenue bonds, either at maturity or prior
redemption, and such money has been deposited with a trustee or escrow
agent and pledged to the payment and redemption of the bonds. The
PID may continue to operate after dissolution only as needed to collect
money and make payments on any outstanding bonds.
12.7.9
Recording Documents.
The Administrator shall file and
record with the County Clerk the resolution ordering formation of
the PID, the general plan of the PID and the canvass of any general
obligation bond election. If the formation of the PID has been approved
by at least a three-fourths majority of the votes cast at the election,
the Board shall cause a copy of the resolution ordering formation
of the PID to be delivered to the Administrator, County Assessor,
County Clerk and to the local government division of the state department
of finance and administration. A notice of the formation showing the
number and date of the resolution and giving a description of the
land included in the PID shall be recorded with the County clerk.
12.7.10
Public Infrastructure Improvements.
Public infrastructure
improvements include on-site improvements that directly or indirectly
benefit the PID. Such improvements include necessary or incidental
work, whether newly constructed, renovated or existing, and all necessary
or desirable appurtenances, and may consist of any of the following:
12.7.10.1
drainage and flood control systems, including collection, transport,
diversion, storage, detention, retention, dispersal, use and discharge;
12.7.10.2
water systems for domestic, commercial, office, hotel or motel, industrial,
municipal or fire protection purposes, including production, collection,
storage, treatment, transport, delivery, connection and dispersal;
12.7.10.3
highways, roadways, bridges, crossing structures and parking facilities,
including all areas for vehicular use for travel, ingress, egress
and parking;
12.7.10.4
trails and areas for pedestrian, equestrian, bicycle or other non-motor
vehicle use for travel, ingress, egress and parking;
12.7.10.5
pedestrian malls, parks, recreational facilities and open space areas
for the use of members of the public for entertainment, assembly and
recreation;
12.7.10.6
landscaping, including earthworks, structures, lakes and other water
features, plants, trees and related water delivery systems;
12.7.10.7
public buildings, public safety facilities, fire protection, emergency
response and law enforcement facilities;
12.7.10.8
electrical generation, transmission and distribution facilities;
12.7.10.9
natural gas distribution;
12.7.10.10
lighting systems;
12.7.10.11
cable or other telecommunications lines and related equipment;
12.7.10.12
traffic-control systems and devices, including signals, controls,
markings and signage;
12.7.10.13
school sites and facilities with the consent of the governing
board of the public school district for which the site or facility
is to be acquired, constructed or renovated;
12.7.10.14
library and other public educational or cultural facilities;
12.7.10.15
equipment, vehicles, furnishings and other personally [personalty]
related to the items listed in this Section; and
12.7.10.16
inspection, construction management and program management costs.
12.7.11
Powers.
In addition to the powers otherwise granted
to a PID pursuant to the Public Improvement District Act, the Board,
in implementing the general plan of the PID, the SGMP, any area plan,
community plan and the SLDC may:
12.7.11.1
enter into contracts and expend money for any public infrastructure
purpose with respect to the PID;
12.7.11.2
enter into voluntary development agreements with municipalities,
counties or other local government entities in connection with property
located within the boundaries of the PID;
12.7.11.3
enter into intergovernmental agreements as provided in the Joint
Powers Agreements Act NMSA 1978, sections 5-11-1 to 5-11-7 [11-1-1
to 11-1-7] for the planning, design, inspection, ownership, control,
maintenance, operation or repair of public infrastructure or the provision
of enhanced services by the County in the PID and any other purpose
authorized by the Public Improvement District Act;
12.7.11.4
sell, lease or otherwise dispose of PID property if the sale, lease
or conveyance is not a violation of the terms of any contract or bond
covenant of the PID;
12.7.11.5
reimburse the County for providing enhanced services in the PID;
12.7.11.6
operate, maintain and repair public infrastructure;
12.7.11.7
establish, impose and collect special levies for the purposes of
funding public infrastructure improvements or enhanced services;
12.7.11.8
employ staff, legal counsel and consultants;
12.7.11.9
reimburse the County for staff and consultant services and support
facilities supplied by the County;
12.7.11.10
accept gifts or grants and incur and repay loans for any public
infrastructure purpose;
12.7.11.11
enter into agreements with owners concerning the advance of
money by owners for public infrastructure purposes or the granting
of real property by the owner for public infrastructure purposes;
12.7.11.12
levy property taxes, impose special levies or fees and charges
for any public infrastructure purpose on any real property located
in the PID and, in conjunction with the levy of such taxes, fees and
charges, set and collect administrative fees;
12.7.11.13
pay the financial, legal and administrative costs of the PID;
12.7.11.14
enter into contracts, agreements and trust indentures to obtain
credit enhancement or liquidity support for its bonds and process
the issuance, registration, transfer and payment of its bonds and
the disbursement and investment of proceeds of the bonds;
12.7.11.15
with the approval of the Board enter into agreements with persons
outside of the PID to provide enhanced services to persons and property
outside of the district; and
12.7.11.16
use public easements and rights-of-way in or across public property,
roadways, highways, roads or other thoroughfares and other public
easements and rights-of-way, whether in or out of the geographical
limits of the PID or the county.
12.7.12
Other Requirements.
12.7.12.1
Public Lands.
Public infrastructure improvements
other than personalty may be located only in or on lands, easements
or rights-of-way owned by the federal government, the state, the county
or the PID, whether in or out of the PID or the County.
12.7.12.2
Reimbursement.
An agreement pursuant to Section
12.7.11.11 may include agreements to repay all or part of such advances,
fees and charges from the proceeds of bonds if issued or from advances,
fees and charges collected from other owners or users or those having
a right to use any public infrastructure. A person does not have authority
to compel the issuance or sale of the bonds of the PID or the exercise
of any taxing power of the PID to make repayment under any agreement.
12.7.12.3
Summary Participation.
The County, by resolution,
pursuant to NMSA 1978, section 5-11-14, may summarily provide public
services to, or participate in the costs of public infrastructure.
12.7.13
Contracts.
The Board may enter into contracts to carry
out any of the PID’s authorized powers, including the planning,
design, engineering, financing, construction and acquisition of public
improvements for the PID, with a contractor, an owner or other person
or entity, on such terms and with such persons as the Board determines
to be appropriate.
12.7.14
Statutory Bond, Notice, Hearing, Election and Debt Limitation Requirements.
12.7.14.1
With regard to the issuance of general obligation, special levy or
revenue bonds, or any taxes, fees, charges or assessments necessary
to fund such bonds, the provisions of NMSA 1978, sections 5-11-19
to 5-11-22 shall apply.
12.7.14.2
With regard to imposition of property taxes for the operation and
maintenance expense of the PID, the provisions of NMSA 1978, §
5-11-23 shall apply.
12.7.14.3
With regard to notice and hearing, the requirements of NMSA 1978,
sections 5-11-4 to 5-11-5 shall apply.
12.7.14.4
With regard to notice and election, the requirements of NMSA 1978,
sections 5-11-6 to 5-11-7 shall apply.
12.7.14.5
With regard to debt limitations, the requirements of NMSA 1978, section
5-11-8 shall apply.
12.7.15
Feasibility Study.
Before constructing or acquiring
any public infrastructure, the Board shall, pursuant to NMSA 1978,
section 5-11-3 of the Public Improvement District Act, cause a study
of the feasibility and benefits of the public infrastructure to be
prepared, which shall include a description of the public infrastructure
improvement to be constructed or acquired, the enhanced services to
be provided and the estimated costs thereof, if any, and other information
reasonably necessary to understand the project, a map showing, in
general, the location of the project within the PID, an estimate of
the cost to construct, acquire, operate and maintain the project,
an estimated schedule for completion of the project, a map or description
of the area to be benefited by the project, and a plan for financing
the project. For public infrastructure improvement projects undertaken
by a PID after formation, the Board shall hold a public hearing on
the study and provide notice of the hearing by publication not less
than two weeks in advance of the public hearing in a newspaper of
general circulation. After the hearing, the Board may reject, amend
or approve the report. If the report is amended substantially, a new
hearing shall be held before approval. If the report is approved,
the Board shall adopt a resolution approving the public infrastructure,
identifying the areas benefitted the expected method of financing
and an appropriate system of providing revenues to operate and maintain
the project.
12.7.16
Financing Projects.
The projects to be constructed or
acquired as shown in the PID general plan may be financed from the
following sources of revenue:
12.7.16.1
proceeds received from the sale of bonds of the PID;
12.7.16.2
money of the County contributed to the PID;
12.7.16.3
annual property taxes or special levies;
12.7.16.4
state or federal taxes, grants or contributions;
12.7.16.5
developer contributions or advances of public facilities;
12.7.16.6
user, landowner and other fees and charges; and
12.7.16.7
proceeds of loans or advances.
Adopted by Ordinance 2016-9, December 13, 2016
12.8.1
General.
A County Improvement District is a district
established to finance specific capital improvements projects or a
combination of projects and to assess residents within the district
a proportional share of the cost of the capital improvements.
12.8.2
Liberal Interpretation.
This Section, being necessary
for the health, safety and general welfare of the County and its inhabitants,
shall be liberally construed to effect the purposes of the a County
Improvement District pursuant to the County Improvement District Act,
NMSA 1978, sections 4-55A-1 through 4-55A-43 (as amended).
12.8.3
Purposes.
This Section is adopted in order to:
12.8.3.1
Protect the County from undue fiscal impact caused by sprawl development
due to the continually expanding need of the County to provide infrastructure,
services, operation, repair and replacement for needs generated by
development at greater distances, with greater vehicle miles traveled
and trip generation, accompanied by a drop in the level of service
and efficiency in delivery;
12.8.3.2
Assure additional sources of revenue from the residents of development
projects for on-site infrastructure construction, provision, service,
operation, maintenance, repair and replacement, the need for which
is generated by the development project;
12.8.3.3
Incentivize rainwater capture, treatment and reuse and renewable
energy solar and wind facilities through reimbursement to developers
installing such systems, which will benefit the subsequent owners
through reduction in the future cost of electricity and water;
12.8.3.4
Reduce the cost to developers of meeting the SLDC’s sustainable
design and improvement requirements by placing a proportionate share
of the cost of on-site improvements on the future occupants or residents
of the development project; and
12.8.3.5
Authorize the following activities deemed essential to implement
the purposes set forth above:
1.
Constructing,
acquiring, repairing or maintaining a public road, road, bridge, walkway,
overpass, underpass, alley, curb, gutter or sidewalk;
2.
Constructing,
acquiring, repairing or maintaining a utility project for providing
gas, water, electricity or telephone service;
3.
Constructing,
acquiring, repairing or maintaining a storm sewer project, sanitary
sewer project or water project;
4.
Constructing,
acquiring, repairing or maintaining a flood control or storm drainage
project;
5.
Constructing,
acquiring, repairing or maintaining a railroad spur, track, rail yard
or switch project; or
6.
Focusing
on the following to support economic development or to address deficiencies
arising from premature subdivision: (i) road right-of-way or road
access control; (ii) drainage easements or rights-of-way; (iii) park,
recreation or open-space areas; (iv) overall grading and drainage
plans; and (v) adequate subdivision grading both on or off a public
right-of-way.
12.8.4
Public Infrastructure Improvements.
Public infrastructure
improvements include on-site improvements that directly or indirectly
benefit the PID. Such improvements include necessary or incidental
work, whether newly constructed, renovated or existing, and all necessary
or desirable appurtenances and consist of any of the following:
12.8.4.1
Drainage and flood control systems, including collection, transport,
diversion, storage, detention, retention, dispersal, use and discharge;
12.8.4.2
Water systems for domestic, commercial, office, hotel or motel, industrial,
municipal or fire protection purposes, including production, collection,
storage, treatment, transport, delivery, connection and dispersal;
12.8.4.3
Highways, roadways, bridges, crossing structures and parking facilities,
including all areas for vehicular use for travel, ingress, egress
and parking;
12.8.4.4
Trails and areas for pedestrian, equestrian, bicycle or other non-motor
vehicle use for travel, ingress, egress and parking;
12.8.4.5
Pedestrian malls, parks, recreational facilities and open space areas
for the use of members of the public for entertainment, assembly and
recreation;
12.8.4.6
Landscaping, including earthworks, structures, lakes and other water
features, plants, trees and related water delivery systems;
12.8.4.7
Public buildings, public safety facilities, fire protection, emergency
response and law enforcement facilities;
12.8.4.8
Electrical generation, transmission and distribution facilities;
12.8.4.9
Natural gas distribution;
12.8.4.10
Lighting systems;
12.8.4.11
Cable or other telecommunications lines and related equipment;
12.8.4.12
Traffic-control systems and devices, including signals, controls,
markings and signage;
12.8.4.13
School sites and facilities with the consent of the governing board
of the public school district for which the site or facility is to
be acquired, constructed or renovated;
12.8.4.14
Library and other public educational or cultural facilities;
12.8.4.15
Equipment, vehicles, furnishings and other personalty related to
the items listed in this Section; and
12.8.4.16
Inspection, construction management and program management costs.
12.8.5
Cumulative Authority and Creation of a County Improvement District.
12.8.5.1
Cumulative Authority.
This Section is adopted pursuant
to the authority of the County Improvement District Act, NMSA 1978,
§§ 4-55A-1 through 4-55A-43 (as amended), and shall be deemed
to provide an additional and alternative method for the construction,
repair, maintenance and capital replacement of public facilities authorized
by that Act and shall be regarded as supplemental and additional to
all other County powers conferred by other laws. This Section is adopted
to implement the provisions of the SGMP and other sections of the
SLDC and shall not be regarded as in derogation of any powers now
existing.
12.8.5.2
Creation of a County Improvement District.
A County
Improvement District may be created by provisional order or petition
method. To create a district by provisional order, an engineer is
assigned to prepare a preliminary plan and cost estimate which, after
review, forms the basis for provisional order of the Board of County
Commissioners, which creates the district. NMSA 1978, §§
4-55A-1 through 4-55A-43 (as amended). To create a district by the
petition method, owners of property in an area proposed for a district
shall submit a petition to the Board of County Commissioners that
is signed by the owners of 66-2/3% of the total assessed valuation
within the territory to be assigned to the district. If accepted by
the Board of County Commissioners, a resolution would be adopted creating
the district.
12.8.5.3
Governing Authority.
A County Improvement District shall
be governed by the Board of County Commissioners.
12.8.5.4
Territory Encompassed by the District.
A County Improvement
District encompasses territory assigned by the Board of County Commissioners
in a district formed by the provisional order method, and by the petition
method in district formed pursuant to a petition. An improvement district
may include areas within a municipality or another county as long
as the municipality or county determines, by resolution, that the
construction is in the best interest of the municipality or other
county, that the assessment to property will be equal, and that as
[at] least 51% the owners of real property in the municipality or
other county have not objected in writing to the improvements within
thirty (30) days of receiving written notice of the adoption of a
provisional order.
12.8.5.5
Duration of the District.
A County Improvement District
shall remain in effect until the project or projects for which the
district was created are completed.
12.8.5.6
Sources of Funding.
1.
Funding
for a County Improvement District may include any or all of the following:
an appropriation from the New Mexico Legislature; a budgeted appropriation
from the Board of County Commissioners; a direct assessment of the
costs of the improvement from owners of property within the district;
revenue from a general obligation bond or revenue bond; an improvement
district property tax; or any combination of the foregoing.
2.
If
the Board of County Commissioners advances the costs of capital improvements
within a district, the County may subsequently assess the costs to
the property owners over a reasonable period of time. In this event,
a public hearing is required. Following the hearing, an assessment
is levied proportionally against the benefiting property owners according
to the property’s valuation.
3.
Persons
within a County Improvement District may be assessed a property tax
to pay for district improvements. The revenue from such an assessment
shall only be expended for the sole purpose of repaying interest and
principal on general obligation bonds issued to support the district.
12.8.5.7
Limitation on the Value of Improvements.
The value of
all improvements provided by a County Improvement District are limited
to the total increase of value attributable (to that property) as
a consequence of the improvements provided by the District. And, the
principal amount of general obligation bonds issued to support an
Improvement District is limited to twenty-five percent of the value
of all properties within the district after completion of the project
or projects to be financed.
Adopted by Ordinance 2016-9, December 13, 2016
12.9.1
General.
A County Road Maintenance Assessment is a financial
tool to assist the County to perform road maintenance in subdivisions.
Once an Assessment is created, the County maintains roads within the
subdivision and assesses residents an annual fee equal; to the annual
cost of maintenance.
12.9.2
Liberal Interpretation.
This Section, being necessary
for the health, safety and general welfare of the County and its inhabitants,
shall be liberally construed to effect the purposes of NMSA 1978,
§§ 67-4-20 through 67-4-24.
12.9.3
Purposes.
This Section is adopted in order to:
12.9.3.1
Protect the County from undue fiscal impact caused by sprawl development
due to the continually expanding need of the County to provide infrastructure,
services, operation, repair and replacement for needs generated by
development at greater distances, with greater vehicle miles traveled
and trip generation, accompanied by a drop in the level of service
and efficiency in delivery.
12.9.3.2
Assure additional sources of revenue from the residents of development
projects for road maintenance in subdivisions, the need for which
is generated by the development project:
1.
Reduce
the cost to developers of meeting the SLDC’s sustainable design
and improvement requirements by placing a proportionate share of the
cost of on-site improvements on the future occupants or residents
of the development project; and
2.
Authorize
the following activities deemed essential to implement the purposes
set forth above:
a.
Repairing or maintaining a public road, bridge, walkway, overpass,
underpass, alley, curb, gutter or sidewalk;
b.
Repairing or maintaining a storm sewer project, sanitary sewer project
or water project associated with a County road; and
c.
Constructing, acquiring, repairing or maintaining a flood control
or storm drainage project.
12.9.4
Cumulative Authority and Creation of a County Road Maintenance Assessment.
12.9.4.1
Cumulative Authority.
This Section is adopted pursuant
to the authority of NMSA 1978, §§ 67-4-20 through 67-4-24,
and shall be deemed to provide an additional and alternative method
for the maintenance of County public roads authorized by said statute
and shall be regarded as supplemental and additional to all other
County powers conferred by other laws. This Section is adopted to
implement the provisions of the SGMP and other sections of the SLDC
and shall not be regarded as in derogation of any powers now existing.
12.9.4.2
Creation of a County Road Maintenance Assessment.
A
County Road Maintenance Assessment is created by resolution of the
Board of County Commissioners following a public hearing.
12.9.4.3
Governing Authority.
A County Road Maintenance Assessment
is governed by the Board of County Commissioners.
12.9.4.4
Limitation on Assessment.
A County Road Maintenance
Assessment is limited to the fifty percent (50%) of the actual cost
of maintaining roads within a subdivision for the prior fiscal year,
apportioned among residents in the subdivision in a reasonable manner,
either using the respective lineal front footage of the property abutting
a road subject to the assessment, or according to the assessed value
of property.
12.9.4.5
Bonds.
A County Road Maintenance Assessment is strictly
for maintenance of roads within a subdivision, not for capital improvements.
Bond proceeds may not be expended for maintenance.
Adopted by Ordinance 2016-9, December 13, 2016
12.10.1
General.
A General Obligation Bond is a government bond
(loan) that is authorized by the voters; the bond is repaid (principal
and interest) from assessments against real and personal property
in the County. Assessments are apportioned amount [among] property
owners according to the assessed value of property. Property owners
pay a proportional share of the principal and interest on the bonds
each year the bonds are outstanding. Payments are collected by the
Treasurer along with the property tax.
12.10.2
Liberal Interpretation.
This Section, being necessary
for the health, safety and general welfare of the County and its inhabitants,
shall be liberally construed to effect the purposes of NMSA 1978,
§§ 4-49-1 through 4-49-21 (as amended).
12.10.3
Cumulative Authority for Issuance of a General Obligation Bond.
12.10.3.1
Cumulative Authority.
This Section is adopted
pursuant to the authority of NMSA 1978, §§ 4-49-1 through
4-49-21 (as amended), and shall be deemed to provide an additional
and alternative method for providing public capital improvements such
as courthouses, jails, bridges, hospitals, public libraries, facilities
for county fairs, cultural facilities, purchasing books or other library
resources, building juvenile detention homes, athletic facilities,
parking structures, administrative facilities, facilities for housing
equipment, repairing equipment and servicing equipment and sewerage
facilities, constructing or repairing public roads and for construction
and acquisition of water, sewer or sanitary landfill systems and airports.
This Section is adopted to implement the provisions of the SGMP and
other sections of the SLDC and shall not be regarded as in derogation
of any powers now existing.
12.10.3.2
Creation of a County General Obligation Bond.
General Obligation Bonds are authorized by Ordinance of the Board
of County Commissioners. At the time of enacting the bond ordinance,
the Board shall call for an election on whether the ordinance should
become effective. Anyone registered to vote in the County at the time
the election is held, including persons living within the limits of
a municipality and persons who do not own property, may vote on approval
of the bond.
12.10.3.3
Limitation.
A County General Obligation Bond may
not be used for any items that are not authorized by Law. General
obligation bonds are for capital infrastructure specified by Law and
shall not be used for maintenance or for private property.
12.10.3.4
Issuing Authority.
A County General Obligation
Bond is issued by the Board of County Commissioners after approval
by the voters.
12.10.3.5
Financial Terms of General Obligation Bonds.
The
interest rate paid on a general obligation bond depends on the County’s
bond rating and on market conditions; general obligation bonds are
often repaid on very favorable terms as compared to conventional financing.
Santa Fe County’s bond rating is among the highest in the State
of New Mexico, and interest paid to investors on obligations is very
reasonable (low). Bonds are desirable because the interest paid is
free from federal income tax under the Internal Revenue Code. Bonds
are generally repaid over fifteen to twenty years, but can be repaid
over thirty years if necessary, with different maturities.
Adopted by Ordinance 2016-9, December 13, 2016
12.11.1
General.
A revenue bond is a bond whose repayment is
made from revenue of a County gross receipts tax or from some other
specified revenue source. A revenue bond may be used to provide a
variety of capital improvements, including the following:
12.11.1.1
Public buildings;
12.11.1.2
Public parking lots, structures or facilities;
12.11.1.3
Firefighting equipment;
12.11.1.4
Storm sewers and other drainage improvements, sanitary sewers, sewage
treatment plants, water utilities or other water, wastewater or related
facilities, water rights;
12.11.1.5
Alleys, roads or bridges;
12.11.1.6
Airport facilities;
12.11.1.7
Open space;
12.11.1.8
Public parks, public recreational buildings or other public recreational
facilities;
12.11.1.9
Solid waste disposal equipment, equipment for operation and maintenance
of sanitary landfills, sanitary landfills, solid waste facilities;
or
12.11.1.10
Public transit systems or any regional transit systems or facilities.
12.11.2
Liberal Interpretation.
This Section, being necessary
for the health, safety and general welfare of the County and its inhabitants,
shall be liberally construed to effect the purposes of NMSA 1978,
§ 4-62-1, et seq.
12.11.3
Creation of a County Revenue Bond.
12.11.3.1
Limitation.
A County Revenue Bond may not be used
for any item that is not authorized by Law. General obligation bonds
are for capital infrastructure specified by Law and shall not be used
for maintenance or for private property.
12.11.3.2
Issuing Authority, Procedure.
Sale of a revenue
bond is authorized by Ordinance of the Board of County Commissioners.
If four or more members of the Board vote in favor of the ordinance,
it becomes effective as provided by Law. If the ordinance is adopted
by three or fewer members, it becomes effective only after the question
whether to issue revenue bonds is submitted to, and approved by, the
voters.
12.11.3.3
Financial Terms of County Revenue Bonds.
Like
general obligation bonds, revenue bonds that are secured and repaid
from tax revenue are repaid on favorable terms, though not quite as
favorable as general obligation bonds. Revenue bonds that are secured
from a specific revenue source (as opposed to the full faith and credit
of the County) are repaid on somewhat less desirable terms because
of the relatively greater risk. The interest paid to the investors
on gross receipts tax revenue bonds is free from federal income tax
under the Internal Revenue Code, but the interest on bonds relying
on other revenue sources is usually taxable, although exempt from
State taxes.
12.11.3.4
Special Terms Applicable to Revenue Bonds Whose Repayment is
Not Pledged Against Income from a Gross Receipts Tax.
A non-utility revenue producing project shall establish rates for
services rendered, or create a lease or other agreements that will
provide sufficient revenue to pay all the reasonable expenses of operation
and principal and interest on revenue bonds as those amounts become
due.
12.11.4
Repayment.
A revenue bond is repaid and secured from
a specified revenue source: (i) fire protection revenue bonds are
secured and repaid from the county fire protection excise tax; (ii)
environmental revenue bonds are secured and repaid from the county
environmental services gross receipts tax; (iii) gasoline tax revenue
bonds are secured and repaid from county gasoline tax; (iv) utility
revenue bonds or joint utility revenue bonds [are secured and repaid
from] net revenues from the operation of the utility; (v) project
revenue bonds are secured and repaid from the net revenues from the
operation of the revenue producing project for which the particular
project revenue bonds are issued; (vi) fire district revenue bonds
are secured and repaid from the Fire Protection Fund as provided in
the statutes creating the Fire Protection Fund and any or all of the
revenues provided for the operation of the fire district project for
which the particular bonds are issued; (vii) law enforcement protection
revenue bonds are secured and repaid from the law enforcement protection
fund distributions pursuant to the Law Enforcement Protection Fund
Act; (viii) economic development gross receipts tax revenue bonds
are secured and repaid from the county infrastructure gross receipts
tax; and (ix) county education gross receipts tax revenue bonds are
secured and repaid from the county education gross receipts tax revenue.
Adopted by Ordinance 2016-9, December 13, 2016
12.12.1
General.
A County is authorized to issue bonds for the
construction and repair or roads and bridges within the County. County
Highway and Bridge Bonds are secured by the full faith and credit
of the County. Bonds are repaid by property owners in the County;
property owners pay a proportional share of the principal and interest
on the bonds each year the bonds are outstanding. Payments are collected
by the Treasurer along with the property tax.
12.12.2
Cumulative Authority for Issuance of a Highway and Bridge Bond.
This Section is adopted pursuant to the authority of NMSA 1978,
sections 67-6-1 through 67-6-7 (as amended), and shall be deemed to
provide an additional and alternative method for providing for the
construction and repair of roads and bridges. This Section is adopted
to implement the provisions of the SGMP and other sections of the
SLDC and shall not be regarded as in derogation of any powers now
existing.
12.12.3
Limitation.
The County is authorized to issue bonds
for the construction and repair of roads and bridges in an amount
not to exceed (taking into consideration all bonded indebtedness of
the County) four percent of the value of taxable property within the
County.
12.12.4
Issuing Authority, Procedure.
A Highway and Bridge Bond
is issued by the Board of County Commissioners, but is initiated by
petition signed by not less than ten percent of the qualified electors
in the County. Within thirty (30) days after receipt of such a petition,
the Board of County Commissioners shall call a special election within
ninety days on the question whether such bonds should be issued. Anyone
registered to vote in the County at the time the election is held,
including persons living within the limits of a municipality and persons
who do not own property, and eligible to participate in the election
on the question whether a Highway and Bridge Bond should be issued.
Adopted by Ordinance 2016-9, December 13, 2016
12.13.1
The Board hereby adopts the Official Map of the County as an appendix
to the SLDC, and incorporated herein, which is hereby found and determined
to be drawn from, and consistent with, the adopted SGMP. The Official
Map may consist of a series of maps in order to assure legibility
and comprehensibility.
12.13.2
The Official Map shall be conclusive with respect to the location,
width and extent of public roads and highways, water and sewer lines,
stormwater structures, flood control structures, parks, trails and
recreation areas, whether or not such roads, highways, water and sewer
lines, stormwater structures, flood control structures, parks, trails
and recreation areas are improved or unimproved, in actual physical
existence or proposed for future establishment or widening. Upon receiving
an application for development approval, the Official Map shall reserve
for future public use the aforesaid public roads, highways, water
and sewer lines, stormwater structures, flood control structures,
parks, trails and recreation areas in the manner provided in this
Section.
12.13.3
The County shall not amend the layout, widening, changing the course
of any public road, water and sewer line, stormwater structure, flood
control structure, park, trail, recreation area and scenic vista except
by amendment of the Official Map.
12.13.4
For the purpose of preserving the integrity of the Official Map,
no development approval or permit shall be issued for any building
or structure proposed to lie in the bed of any public road, highway,
water and sewer line, stormwater structure, flood control structure,
park, trail or recreation area shown on the official map, or shown
on a recorded plat filed before adoption of the Official Map, except
as herein provided.
12.13.5
Whenever the land subject to an approved development permit includes
lands burdened by proposed public improvements or subject to a dedication
shown on the Official Map and the public improvements shown on the
Official Map are imposed on the land that is the subject of the development
permit, the owner or applicant may file an application for beneficial
use determination under the provisions of the SLDC on the basis that
the improvement or dedication has deprived the owner or applicant
of any use or return on the land taking into account the entirety
of the land held in common ownership.
12.13.6
No permit for the erection of any building or structure shall be
issued unless the tract, parcel or lot abuts a road or highway giving
access to such proposed building or structure which road or highway
is shown on the Official Map, or is a road on a plat duly recorded
prior to the passage of the SLDC.
12.13.7
The Planning Commission shall review, update and propose amendments
to the Official Map, to be adopted by the Board as necessary but not
less than every two (2) years from the effective date of adoption
of the SLDC. The Planning Commission shall file its written comments
concerning any amendments with the Board. The Board shall take action
on any proposed amendments consistent with the provisions of the adopted
SGMP and CIP. Any public road, highway, water and sewer lines, stormwater
structures, flood control structures, parks, trail, recreation area
and scenic vista depicted on recorded final subdivision plat, final
site plan or within an adopted PID shall constitute a de jure amendment
to the Official Map upon the plat’s date of recordation.
Adopted by Ordinance 2016-9, December 13, 2016
12.14.1
Purpose.
The purposes of this section are to:
12.14.1.1
Promote preservation of agriculture, rural
open space and character, scenic vistas, natural features, areas of
special character or special historic, cultural or aesthetic interest
or value, and environmental resources for the benefit of the residents
of Santa Fe County. This Section will also authorize an applicant
or owner of any estate or interest in property to obtain a development
order granting Transfer of Development Rights ("TDR") relief pursuant
to a beneficial use and value determination, to transfer or sell one
or more transferrable development rights where the development order
authorizes relief in the nature of a TDR;
12.14.1.2
Minimize the economic impact of environmental
restrictions on property owners in designated sending areas, and allow
increases in development potential in receiving areas that maintain
the County's overall environmental carrying capacity as defined
in the SGMP;
12.14.1.3
Ensure that owners of land to be preserved,
conserved, or protected have reasonable use of their property by permitting
a transfer of development rights to other properties;
12.14.1.4
Provide a mechanism whereby development rights
may be reliably transferred; and
12.14.1.5
Authorize conveyances of development rights
to the County or to the County development rights bank.
12.14.2
Applicability.
The procedures and regulations
in this Chapter apply to the transfer of development rights from land
qualifying as sending areas to land qualifying as receiving areas.
12.14.3
General Standards.
12.14.3.1
Development rights may be sent:
1.
From sending areas identified by a Community Overlay District;
2.
From areas designated as an environmental and resource protection
overlay, historic preservation overlay or agriculture overlay;
3.
From sensitive environment lands; e.g., riparian habitats, endangered
or threatened species habitat, archeological sites;
4.
From agricultural land;
5.
From lands providing open space and preserving scenic vistas,
natural features and areas of special character; and
6.
Through a transfer of development rights as part of a development
order granting BUD relief.
12.14.3.3
A legal lot of record shall not be both a
sending area and a receiving area.
12.14.3.4
Development rights may be used on receiving
areas to provide additional density and greater dimensional flexibility
as allowed in the zoning district with TDRs and in accordance with
the TDR Transfer Ratio identified in Table 12-2 and the TDR Dimension
Standards Ratio identified in Table 12-3.
12.14.4
Transferable Development Rights Certification.
12.14.4.1
A development right shall be severed and
transferred only by a TDR Certificate issued by Santa Fe County. A
permanent severance of transferable development rights and land use
restriction agreement or other permanent and enforceable restriction
on future development is required for TDR certification. The TDR Agreement
shall limit future development on the sending area. The total number
of development rights remaining on the property shall be established
and identified in the TDR Agreement and on the TDR Sending Area Plat.
12.14.4.2
The TDR Certification results in the conveyance
of TDR Certificates to the property owners and the restriction on
future development imposed on the sending area pursuant to the TDR
Agreement.
12.14.4.3
Transferors shall have the right to sever
all or a portion of the development rights from sending areas and
to sell, trade, or barter TDR Certificates to a transferee.
12.14.4.4
Any transfer of development rights pursuant
to this Chapter authorizes an increase in maximum density and/or changes
to dimension standards in accordance with the zoning standards for
the Receiving Area as identified in Chapter 8 and in accordance with
the TDR Transfer Ratio identified in Table 12-2 and the TDR Dimension
Standards Ratio identified in Table 12-3. The TDR Transfer Ratio and
the TDR Dimension Standards Ratio and shall not alter or waive the
development standards of the receiving area, nor shall they allow
a use otherwise prohibited in the receiving zoning district, unless
otherwise provided in the regulations applicable to the receiving
area.
12.14.4.5
Transfer of development rights shall not
be available for land restricted from development by covenant, easement
or deed restriction.
12.14.4.6
All TDR Plats and TDR Agreements shall be
recorded in the Office of the county Clerks.
12.14.4.7
Value of Transferable Development Rights.
The monetary value of TDRs is completely determined between
the seller and buyer.
12.14.5
Sending Areas.
12.14.5.1
Calculation of Development Rights.
Calculation of development rights shall be based on the base
density of the parcel and the size of the sending areas. Sending area
calculations may not include any residential dwelling, in accordance
with subsection 4 below. The number of development rights associated
with a sending area shall be determined through the TDR Certification
process, based on the following:
1.
One development right for each primary residential dwelling
that could potentially be constructed on the sending area.
2.
Sending areas shall meet the criteria established by this Chapter
12.
3.
Sending areas with valid irrigation water rights may receive
one additional TDR for each acre foot of irrigation water rights only
if the owner agrees to an enforceable restriction on the transfer
of water rights acceptable to the County and in accordance with NMSA
1978, Sections 73-2-21(E) and 73-3-4.1 (2021). The party sending the
development rights shall bear the burden of demonstrating to the County's
satisfaction the validity, amount and other elements of the water
rights. The TDR Agreement and the TDR Sending Area Plat shall identify
the restriction on sale or transfer of irrigation water rights.
4.
If the parcel with the sending areas contains any residential
dwelling units, then the calculation of development rights pursuant
to the sections above shall be reduced to reflect such existing development,
so that the resulting calculation reflects only additional potential
primary residential development available on the property.
12.14.5.2
Development on Sending Areas.
Development on a sending area shall be limited to those uses and
or structures that promote the values of the site for the reason that
the TDR sending area was created, so long as such development does
not include any dwelling units.
12.14.6
Right to Sever and Transfer.
12.14.6.1
A development right may be severed from an
approved sending site only after a restriction on future development
is imposed on the sending area pursuant to Section 12.14.4.1. The
TDR certificate may be transferable from one person or entity to another
upon approval by the Administrator.
12.14.7
12.14.8
TDR Transfer Ratios.
TDRs may be used in receiving
areas per the TDR Density Transfer Ratio identified in Table 12-2
and/or the TDR Density and Dimension standards Transfer Ratio identified
in Table 12-3.
|
Table 12-2 TDR Density Transfer Ratio
| |
|---|---|
|
TDR Use
|
Additional Units Allowed per TDR in Receiving Area
|
|
Residential - For Sale
|
5
|
|
Residential - For Rent
|
10
|
12.14.8.1
All rental housing approved using this transfer
ratio must remain as rental for a minimum of 20 years.
12.14.8.2
TDRs may be used in receiving areas to increase
or decrease dimensional standards in CG, I, IL, MU and PD districts
to the standards identified chapter 8, in accordance with Table 12-3
below.
|
Table 12-3 Transfer Ratio for Dimension Standards
| |
|---|---|
|
Dimensional Standard
|
# of TDRs Required to Achieve Changes to Base Density/Dimension
Standards
|
|
Nonresidential minimum percent required
|
1 TDR per 5% decrease
|
|
Nonresidential maximum percent required
|
1 TDR 5% increase
|
|
Frontage (minimum, feet)
|
1 TDR per 10 lots
|
|
Lot width (minimum, feet)
|
1 TDR per 10 lots
|
|
Height (maximum, feet)
|
1 TDR to increase height for every 25,000 sq. ft. of floor area
|
|
Lot coverage (maximum, percent)
|
1 TDR per 25,000 sq.
|
12.14.9
Affordable Housing.
1.
Affordable housing units for sale or rental as a primary residence
are exempt from the TDR requirements and can increase density to the
maximum amount allowed with TDRs in each zoning district without purchasing
TDRs.
2.
For the purpose of this subsection, "Affordable Housing" is
defined as any housing unit built to benefit households whose gross
income is 120% or less of the area median income for Santa Fe County
and whose monthly housing payment would not cause the household to
be "housing cost burdened" pursuant to HUD guidelines.
3.
An eligible buyer or renter for an Affordable Housing unit must
meet Affordable Housing qualification requirements in Chapter 13 of
this SLDC for approval by the County Affordable Housing Administrator.
4.
An Affordable Housing Agreement shall be approved by the Board
prior to or with the final plat or development plan, to be signed
by the County Affordable Housing Administrator and Board of County
Commissioners and recorded in the office of the County Clerk with
the final plat or development plan.
12.14.10
A property is not eligible as a receiving
area if the transfer of development rights to the property would adversely
impact regionally or locally significant historical resources or naturally
sensitive areas.
12.14.11
If a receiving area has any outstanding code
violations and/or unpaid taxes, the owner shall resolve these violations,
including any required abatement, restoration, or payment of penalties
or taxes, before the property may be qualified as a receiving area
in the transfer of development rights program.
12.14.12
Development Approval Procedure.
The procedures for review and approval of an application including
the use of TDRs shall be the same as those procedures that would apply
if no TDRs were being used. A rezoning of the receiving area shall
not be required for use of TDRs consistent with the provisions of
this Chapter unless it is part of a rezoning to a qualifying district.
If the County approves the proposed development, the documentation
of the approval shall include the numbers of TDRs required to support
the number of residential dwelling units, nonresidential square footage
and/or adjustments to dimension standards required for the development.
12.14.12.1
TDR certificates shall be acquired prior
to recordation of a final plat or Development Plan.
12.14.12.2
TDR certificates will be extinguished at
the time of the plat or Development Plan recordation.
12.14.12.3
A conceptual plan shall establish the number
of TDRs required for the development. A receiving area may be established
by a conceptual plan, including location, size and general development
parameters. The normal subdivision and rezoning processes, if needed,
will be required in addition to the conceptual plan approval.
12.14.13
Reinstitution of development rights.
Reinstitution of development rights on a sending area is prohibited.
12.14.14
Notification of the County Assessor.
The County Assessor may review and adjust a property's
valuation in accordance with NMSA 1978, Chapter 7, Articles 35-38
to reflect valuation changes arising from the TDRs to or from a particular
parcel. The County shall notify the County Assessor of the transfer
or purchase of TDRs within thirty (30) days of any of the following:
12.14.14.1
Recordation of a TDR Agreement and TDR Sending
Area Plat;
12.14.14.2
Purchase of development rights by the County
for the County development rights bank;
12.14.14.3
The receipt by the County or the County
development rights bank of a donation of development rights; and
12.14.14.4
The sale, lease or conveyance of development
rights by the County development rights bank.
12.14.15
Establishment of the County Transferrable
Development Rights (TDR) Bank.
12.14.15.1
The Board has established a County TDR Bank
via resolution.
12.14.15.2
The County TDR Bank Administrator shall
be appointed by the County Manager and shall have the power and authority
to negotiate a purchase and/or sale of development rights, subject
to the approval of the Board.
12.14.15.3
The County TDR bank may, for conservation
or other purposes, hold indefinitely any TDRs it possesses.
12.14.16
Funding, Management.
The County
TDR bank may receive funds from the proceeds of a voter approved open
space bond issue; from the general fund of the County, whether through
issuance of general obligation bonds or from general fund revenues;
from the proceeds of the sale of TDRs by the County TDR bank or any
revenue from a public improvement district bond issue; or grants or
donations from any source. A separate interest bearing trust fund
shall be established for the County TDR5bank, into which all receipts
shall be deposited and from which payments shall be made.
12.14.17
Program Development.
The Board
may further development of the County's TDR program by adopting
resolutions not inconsistent with Section 12.16 [Section 12.14].
12.14.18
Development Transfer Charge Option.
12.14.18.1
Development Transfer Charges (DTCs) are
payments in lieu of TDRs that provide the same adjustments to Receiving
Area base standards as TDRs and at the same ratios as TDRs. This option
is available only if there are no TDRs in the TDR Bank.
12.14.18.2
In lieu of the TDRs that would otherwise
be required to approve a proposed development, a Receiving Area developer
using the DTC Option shall submit a DTC payment determined by multiplying
the number of required TDRs times the sales price established for
each TDR through the TDR Bank.
12.14.18.3
DTC payments shall be made prior to recordation
of the final plat on the Receiving Area.
12.14.18.4
DTC payments shall be used exclusively to
acquire TDRs on land qualified as Sending Areas under the provisions
of Section 12.16 [Section 12.14] to include costs incurred in confirming
the qualifications of a proposed Sending Area and recording permanent
and enforceable restrictions on the Sending Area.
(Ordinance 2016-9 adopted 12/13/16; Ordinance 2023-07 adopted 11/14/2023)
