(A) Impact fees, Utility Expansion Charges, and other development related charges are key strategic tools for implementing the Planned Growth Strategy and the City/County Comprehensive Plan. It is the intent of the Council that current development fees, including Utility Expansion Charges and park dedication and development charges, be incorporated into the impact fee system.
(B) Impact fees shall be established in a manner fully consistent with the New Mexico Development Fees Act. The qualified professionals preparing the proposed impact fee program shall be guided by the policies contained in this Ordinance and Council Bill No. R-02-111 [Enactment No. 112-2002] as adopted. The Impact Fee Committee shall review and provide written comments on the impact fee program and the Council shall review, conduct at least one public hearing, and adopt the impact fees according to the provisions of the New Mexico Development Fees Act. Impact fees shall be utilized and spent within the service areas where they are collected. The review and written comments by the Impact Fee Committee shall be consistent with the policies contained in this Ordinance and Council Bills R-02-111 and R-02-112 as adopted.
(C) Impact fees, including the incorporated Utility Expansion Charges shall be initially calculated based upon the full marginal cost of growth, consistent with the City's Capital Improvement Program, that provides the facilities and infrastructure to support growth as indicated by the adopted Infrastructure and Growth Plan. The impact fee amount charged by the City is subject to Council approval and may include reductions and waivers set forth in § 14-13-1-4(D) through (F). Service areas and tiers shall be the geographical areas for planning infrastructure and facility development.
(D) Impact fees, including the incorporated Utility Expansion Charges shall be reduced based upon a schedule, to be created, of facility and infrastructure efficiencies that result from the nature and location of the types of development. Non-exclusive examples include projects that result in jobs closer to predominately residential areas, mixed use projects, neighborhood commercial centers, activity centers consistent with the City/County Comprehensive Plan, higher density housing, affordable housing with smaller lot sizes and fewer utility fixtures.
(E) Waivers to impact fees are as is provided in § 14-19-15 Exemptions.
(F) Other development-related charges shall be modified or fully or partially waived in a consistent manner to support the Planned Growth Strategy, the City/County Comprehensive Plan, and other adopted plans.
(G) Impact fees, including the incorporated Utility Expansion Charges, shall not apply to the "Unserved area" tier. The provision of and charges for facilities and services in this tier shall be based upon a development agreement among all affected parties.
(H) The City shall seek statutory authority for impact fees to be enacted for schools (with the agreement of the Albuquerque Public Schools), transit, water rights, and other facilities as determined in the future by the City.
(I) The Impact Fee Committee shall be composed of 11 members, two of whom shall be appointed by the Mayor and nine of whom shall be appointed by the Council as set forth herein. The membership shall be as follows:
(1) The members of the Impact Fee Committee shall meet the qualifications set forth in §§ 2-6-1-1 et seq., the Public Boards, Commissions and Committees Ordinance, and except as otherwise set forth herein, terms, vacancies and removal of members shall be in accordance with §§ 2-6-1-1 et seq. The Committee shall be made up of representatives of the real estate, development or building industries, as described herein, and representatives from neighborhood associations and other organizations: i.e., civic, environmental, planning, educational, economic development, and/or religious. No member shall be an employee or official of a municipality, county or other governmental entity. Any person who was a member of the Impact Fee Committee as of August 1, 2010 is eligible to be appointed in accordance with the provisions of this ordinance, for up to two additional terms.
(2) Members Appointed by Council. There shall be one member of the Impact Fee Committee residing in each City Council District. When a vacancy on the Committee occurs, the Councilor representing the District in which the vacating member resides shall nominate two members who reside in his or her respective Council District. The Mayor shall then appoint one of these recommended members to the Impact Fee Committee with the advice and consent of the Council provided, however, if a member is eligible for reappointment to the Committee and the Councilor in whose District that member resides desires to reappoint the member, the Councilor shall so notify the Council and the member shall be reappointed subject to the advice and consent of the Council. If a member is not being reappointed, the Mayor shall deliver to the Council the Mayor's recommendation from the two names submitted within 30 days of delivery of the two names to the Mayor. If the Mayor fails to timely make a recommendation from the two names submitted, the Councilor who submitted the names may appoint one of the two recommended members subject to the advice and consent of the Council.
(3) Members Appointed by the Mayor. The two members appointed by the Mayor may reside in any Council District, however, when feasible, the Mayor should appoint one member who resides in the area of the city east of the Rio Grande and one member who resides in the area of the City west of the Rio Grande.
(4) Five of the members of the Impact Fee Committee shall be engaged in the real estate, development or building industries, which may include architects, consulting engineers, real estate attorneys, and planning and development consultants.
(J) The members of the Impact Fee Committee shall be appointed within 90 days from the effective date of this Ordinance. The recommendation for replacement of members who resign shall be made at the Council meeting immediately following the formal resignation of the member.
(K) The report of the Impact Fee Committee shall be made within 90 days of the Council’s adoption of the Infrastructure and Growth Plan.
(Ord. 34-2002; Am. Ord. 21-2010; Am. Ord. 2017-025)