New Mexico Statutes Chapter 5. Municipalities and Counties § 5-8-29. Consolidation of land use assumptions and capital improvements plan

Current as of January 01, 2024 | Updated by Findlaw Staff

A. In lieu of separately adopting the land use assumptions and capital improvements plan for a service area containing not greater than three hundred units, a municipality or county may consolidate the land use assumptions and the capital improvements plan, and adopt the assumptions, the plan and the impact fee simultaneously.

B. If a municipality or county elects to consolidate the land use assumptions and capital improvements plan as authorized by Subsection A of this section, the municipality or county shall first comply with Section 20 of the Development Fees Act and follow the public notice and hearing requirements for adopting a capital improvements plan and impact fee as provided in Section 21 of that act, except:

(1) the headline for the notice by publication shall read as follows:

“NOTICE OF PUBLIC HEARING ON

ADOPTION OF LAND USE

ASSUMPTIONS AND

IMPACT FEES”;

(2) the notice shall state that the municipality or county intends to adopt land use assumptions, a capital improvements plan and impact fees at the hearing and does not intend to hold separate hearings to adopt the land use assumptions, capital improvements plan and impact fees;

(3) the notice shall specify a date, not earlier than sixty days after publication of the first notice, and must state that if a person, by not later than the date specified, makes a written request for separate hearings, the governing body shall hold separate hearings to adopt the land use assumptions and capital improvements plan; and

(4) the notice shall provide the name and mailing address of the official of the municipality or county to whom a request for separate hearings shall be sent.

C. In addition to the requirements of Subsection B of this section, the municipality or county shall comply with all other requirements for adopting land use assumptions, a capital improvements plan and an impact fee.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 5. Municipalities and Counties § 5-8-29. Consolidation of land use assumptions and capital improvements plan - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-5-municipalities-and-counties/nm-st-sect-5-8-29/

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