For the purpose of §§ 14-19-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVISORY COMMITTEE. The standing committee required to be appointed under the
Development Fees Act (Sections 5-8-1 et seq. NMSA 1978).
APPLICANT. A person, including any governmental entity, seeking subdivision or development approval, a building permit, a refund, a waiver or a credit, whichever is applicable.
ASSESSMENT. The determination of the amount of the impact fee.
BUILDING PERMIT. The building permit required by the Uniform Building Code, as adopted by the city.
CAPITAL IMPROVEMENTS. Any of the following facilities, including existing facilities, facility expansions or new facilities, that have a life expectancy of ten or more years and are owned and operated by or on behalf of the city.
(1) ROAD CAPITAL IMPROVEMENTS. Roads, bridges, bike and pedestrian trails, bus bays, rights of way, traffic signals, landscaping and any local components of state and federal highways as specified in Section 5-8-2D(2) NMSA 1978.
(2) DRAINAGE CAPITAL IMPROVE-MENTS. Storm water, drainage and flood control facilities.
(3) FIRE CAPITAL IMPROVEMENTS. Buildings for fire and rescue and essential equipment costing $10,000 or more.
(4) POLICE CAPITAL IMPROVEMENTS. Buildings for police and essential equipment costing $10,000 or more.
(5) PARK CAPITAL IMPROVEMENTS. Parks, recreational areas, and related areas and facilities.
(6) OPEN SPACE CAPITAL IMPROVEMENTS. Open space land and related facilities.
(7) TRAIL CAPITAL IMPROVEMENTS. Trail improvements.
CAPITAL IMPROVEMENTS PLAN (CIP). A document that meets the requirements of Section 5-8-6 of the Development Fees Act (NMSA 1978), including a description of existing capital facilities for each service
area, an analysis of the capacity and current usage of existing facilities, a description of capital improvements necessitated by and attributable to growth in the service area, a demand or equivalency table, projected service units in the service area based on the land use assumptions, the projected demand for capital improvements required to serve the new service units, and anticipated sources of funding independent of impact fees. This document includes an initial list of capital improvements on which impact fees may be spent, which is subsequently incorporated into the Component Capital Improvements Plan (CCIP).
CITY. The City of Albuquerque.
CITY CAPITAL IMPLEMENTATION PROGRAM. The city’s Capital Improvements Program as set out and regulated by §§ 2-12-1 et seq. ROA 1994. The Capital Implementation Program is funded by General Obligation Bonds and includes projects that support rehabilitation, deficiency remediation and growth. The Capital Implementation Program contains, as an additional component, the list of growth- supporting projects that are funded by impact fees.
CITY COUNCIL. The duly constituted governing body of the City of Albuquerque.
COLLECTION. The payment of the applicable impact fees. (See also ASSESSMENT.)
COMMERCIAL. Establishments engaged in the selling or rental of goods, services or entertainment to the general public, or providing executive, management, administrative or professional services. Such uses include, but are not limited to, shopping centers, discount stores, supermarkets, home improvement stores, pharmacies, automobile sales and service, banks, movie theaters, amusement arcades, bowling alleys, barber shops, laundromats, funeral homes, vocational or technical schools, dance studios, health clubs, golf courses, real estate, insurance, property management, investment, employment, travel, advertising, secretarial, data processing, telephone answering, telephone marketing, music, radio and television recording and broadcasting studios; professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; interior decorating consulting services; medical and dental offices and clinics, including veterinarian clinics and kennels; and business offices of private companies, utility companies, trade associations, unions and nonprofit organizations.
COMPONENT CAPITAL IMPROVEMENTS PLAN (CCIP). A component of the city's Capital Implementation Program that identifies the capital improvements on which impact fees may be spent. This component of the city's Capital Implementation Program is funded by impact fees and limited to projects that support growth. The CCIP is adopted and revised at the same time and via the same process as the Capital Implementation Program of which it is a part. The CCIP provides the process by which the list of capital improvements identified in the impact fee Capital Improvements Plan (CIP) is amended between updates of the CIP.
COUNTY. The County of Bernalillo.
COMPREHENSIVE PLAN. The City of Albuquerque/ Bernalillo County Comprehensive Plan.
CREDIT. Credit for the value of the construction, contribution or dedication of system improvements or the contribution of money for system improvements accepted by the city.
CREDIT-HOLDER. The person entitled to transfer, apply or seek reimbursement for excess credits.
DEEMED COMPLETE means that an applicant has been issued a building permit.
DEVELOPER. Any person, corporation, organization or other legal entity constructing or creating new development.
DEVELOPMENT. The division of land, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use, change of use or extension of the use of land, any of which increases the number of service units.
DEVELOPMENT AGREEMENT. A written agreement entered into between the city and a developer whereby the developer agrees to dedicate or construct capital improvements.
DEVELOPMENT APPROVAL. Written authorization, such as approval of a subdivision application or issuance of a building permit, or other forms of official action required by the city prior to commencement of construction.
DEVELOPMENT SITE. The property under consideration for development at the time of application for a building permit.
DWELLING UNIT. One or more connected rooms and a single kitchen designed for and occupied by no more than one family for living and sleeping purposes.
EFFECTIVE DATE. July 1, 2005.
ENCUMBERED. Impact fee funds committed for a specified capital improvement on a specified time schedule which does not exceed seven years from the date of payment of the impact fees, and as further defined in and for the purposes of § 14-19-19(J)(7)(c).
EXCESS CREDITS. That portion of the credit granted for system improvements which exceeds the value of the impact fees otherwise due from the development.
FACILITY EXPANSION. The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to improve service to existing development.
FIRST IN, FIRST OUT means expenditures of impact fee revenues reflecting the chronological order in which the impact fee revenues were collected.
GROSS FLOOR AREA. The total floor area, including basements, mezzanines, and upper floors, if any, expressed in square feet measured from the outside surface of outside walls, but excluding enclosed vehicle parking areas.
HOTEL/MOTEL. An establishment that provides paid lodging in rooms or suites that do not meet the definition of dwelling units.
IMPACT FEE. A charge or assessment imposed by the city on new development in order to generate revenue for funding or recouping the costs of capital improvements rationally related to new development in accordance with applicable law. The term includes amortized charges, lump- sum charges, capital recovery fees, contributions in aid of construction, development fees and any other fee that functions as described by this definition. The term does not include hook-up fees, 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 if the dedication or construction is required by a previously adopted valid ordinance or regulation and is rationally related to new development in accordance with applicable law.
IMPACT FEE STUDY. The report prepared by Duncan Associates for the City of Albuquerque titled "Impact Fee Land Use Assumptions and Capital Improvements Plan, 2012-2022," in September 2012, as may be amended, that constitutes the LUA and CIP for the update of the road, park, open space, trail, fire and police impact fees for the City of Albuquerque.
IMPACT FEES ADMINISTRATOR. The person designated to administer the impact fee program established by §§ 14-19-1 et seq.
INDEPENDENT FEE DETERMINATION. A finding by the impact fees administrator that an independent fee study does or does not meet the requirements for such a study as established by this chapter and, if the requirements are met, the fee calculated by the impact fees administrator therefrom.
INDEPENDENT FEE STUDY. The engineering, financial and/or economic documentation prepared by an applicant in accordance with § 14-19-17 to allow an individual determination of an impact fee other than by use of the applicable fee schedule.
INDUSTRIAL/WAREHOUSE. An establishment primarily engaged in the fabrication, assembly or processing of goods, or the display, storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Typical uses include manufacturing plants, welding shops, wholesale bakeries, dry cleaning plants, bottling works, wholesale distributors, storage warehouses, moving and storage firms, trucking and shipping operations and major mail processing centers.
INSTITUTIONAL. A governmental, quasi-public or institutional use, or a non-profit recreational use, not located in a shopping center. Typical uses include elementary, secondary or higher educational establishments, day care centers, hospitals, mental institutions, nursing homes, assisted living facilities, fire stations, city halls, court houses, post offices, jails, libraries, museums, places of religious worship, military bases, airports, bus stations, fraternal lodges, parks and playgrounds.
LAND USE. The primary category of use for any principal or accessory building, structure or use located on a development site.
LAND USE ASSUMPTIONS (LUA). A description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a five-year period.
LEVEL OF SERVICE (LOS). A standardized measure of the quantity or quality of service provided by a facility or system of facilities. It is often expressed as a ratio between capacity and demand, or cost and demand. The term "existing LOS" refers to the calculation of the measure at the time the CIP is prepared or updated.
MICRO MULTI-FAMILY. A multi-family dwelling unit with a gross floor area of 600 square feet or less.
MINI-WAREHOUSE. An enclosed storage facility containing independent, fully enclosed bays that are leased to persons for storage of their household goods or personal property.
MOBILE HOME/RV PARK. An area developed or intended to be developed for occupancy by two or more mobile homes or recreational vehicles that are used for dwelling purposes, and spaces are rented individually to residents.
MULTI-FAMILY. A dwelling unit that is connected to one or more other dwelling units.
NEW DEVELOPMENT. The division of land; reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use, change of use or extension of the use of land; any of which increases the number of service units.
OFFSET. The amount by which an impact fee is reduced to fairly reflect the credits applied for system improvements.
OWNER OF RECORD. The persons having legal and equitable title to the property as recorded in the real property records of the county.
PROJECT IMPROVEMENTS. Site specific improvements or facilities that are primarily planned, designed or built to provide service for a specific development project and that are necessary for the use of the occupants or users of that project, and that do not provide significant additional capacity for other developments. The physical location of the improvement or facility, on-site or off-site, shall not be considered determinative of whether it is a PROJECT IMPROVEMENT or a system improvement. No improvement or facility specifically identified in the CIP, as may subsequently be amended in the CCIP, shall be considered a PROJECT IMPROVEMENT.
PROPORTIONATE SHARE. That portion of the cost of system improvements which is reasonably and fairly related to the service demands and needs of new development.
QUALIFIED PROFESSIONAL. A professional engineer, surveyor, financial analyst or planner providing services within the scope of his or her license, education or experience.
REFUND. Reimbursement of impact fees to the owner of record of property for which impact fees have been paid.
SERVICE AREAS. Geographically defined areas within the city that have been designated in the CIP in which development potential may create the need for capital improvements to be funded by impact fees.
SERVICE UNIT. A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements. The following service units are used in the impact fee analyses:
(1) Roads. Daily vehicle-miles of travel on the city arterial road system during a typical weekday, as more fully described in the Impact Fee Study.
(2) Drainage. Acres of impervious cover.
(3) Parks. Equivalent dwelling units, which each represent the average number of persons residing in a single-family detached dwelling unit, as more fully described in the Impact Fee Study.
(4) Open space. Equivalent dwelling units.
(5) Trails. Equivalent dwelling units.
(6) Fire. Functional population, which each represent the equivalent of a person present at the site of a land use for 24 hours during a typical weekday, as more fully described in the Impact Fee Study.
(7) Police. Functional population.
SINGLE-FAMILY DETACHED. A building arranged or designed to be occupied by one family, including mobile homes not located in a mobile home park, the structure having only one dwelling unit and not attached to any other dwelling unit.
SYSTEM IMPROVEMENTS. Capital improvements that expand the capacity of the type of facility to accommodate the impacts of additional development.
SYSTEM STUDIES. Any study, analysis or report, or portion thereof, required by the city to determine the system improvements for new development.
WAIVE. To relinquish or abandon a claim or right.
(Ord. 2012-034; Am. Ord. 2017-023)