Santa Fe County, NM CHAPTER 12 GROWTH MANAGEMENT

§ 12.1 PURPOSE.

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 ADEQUATE PUBLIC FACILITIES REGULATIONS (APFRs).

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 CAPITAL IMPROVEMENTS PLAN.

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 DEVELOPMENT AGREEMENTS.

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 DEVELOPMENT FEES.

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

§ 12.6 NOTE ON PUBLIC FINANCING OF IMPROVEMENTS.

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 PUBLIC IMPROVEMENT DISTRICTS (PIDS).

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 COUNTY IMPROVEMENT DISTRICTS.

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 COUNTY ROAD MAINTENANCE ASSESSMENT.

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 GENERAL OBLIGATION BONDS.

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 REVENUE BONDS.

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 COUNTY HIGHWAY AND BRIDGE BOND.

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 OFFICIAL MAP.

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 TRANSFER OF DEVELOPMENT RIGHTS.

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.

12.14.3.2 Development rights may not be sent:

1. From areas of required open space within a development;

2. From areas of required setbacks within a development;

3. From MU and PD districts; and

4. From CG, I and IL districts.

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.

1. TDR Certification requires the recordation of the following documents:

a. TDR Agreement; and

b. TDR Sending Area Plat.

2. Both the TDR Sending Area Plat and the TDR Agreement shall clearly identify the area of restricted development, and shall reference the other document. The TDR Sending Area Plat shall be approved in accordance with Chapter 4.

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 

Receiving Sites.

12.14.7.1 In order to be eligible as a receiving area, a property must be located in one of the following areas or zoning districts:

1. Mixed Use (MU);

2. Planned Development (PD);

3. Industrial General (I);

4. Industrial Light (IL);

5. Commercial General (CG);

6. Designated receiving areas; or

7. A property rezoned to an eligible zoning district.

12.14.7.2 The receiving site must be served by public water and wastewater systems.

12.14.7.3 The receiving site must be accessible by public roads.

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)