Section 5-8-5 - Items not payable by fee. - New Mexico Statutes

5-8-5. Items not payable by fee.

Impact fees shall not be imposed or used to pay for:   

A.     construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;   

B.     repair, operation or maintenance of existing or new capital improvements or facility expansions;   

C.     upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;   

D.     upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;   

E.     administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 [5-8-4 NMSA 1978] of the Development Fees Act;   

F.     principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or   

G.     libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection C [D] of Section 2 [5-8-2 NMSA 1978] of the Development Fees Act.