Section 5-8-4 - Items payable by fee. - New Mexico Statutes

5-8-4. Items payable by fee.

A.     An impact fee may be imposed only to pay the following specified costs of constructing capital improvements or facility expansions:   

(1)     estimated capital improvements plan cost;   

(2)     planning, surveying and engineering fees paid to an independent qualified professional who is not an employee of the municipality or county for services provided for and directly related to the construction of capital improvements or facility expansions;   

(3)     fees actually paid or contracted to be paid to an independent qualified professional, who is not an employee of the municipality or county, for the preparation or updating of a capital improvements plan; and   

(4)     up to three percent of total impact fees collected for administrative costs for municipal or county employees who are qualified professionals.   

B.     Projected debt service charges may be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued to finance construction of capital improvements or facility expansions identified in the capital improvements plan.