USA Statutes : nevada
Title : Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT
Chapter : CHAPTER 278B - IMPACT FEES FOR NEW DEVELOPMENT
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 278B.020
to 278B.140 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1989, 839; A 2001, 844 )
“Capital improvement”
means a:
1. Drainage project;
2. Fire station project;
3. Park project;
4. Police station project;
5. Sanitary sewer project;
6. Storm sewer project;
7. Street project; or
8. Water project.
(Added to NRS by 1989, 839; A 2001, 844 )
“Drainage project” means
any natural and artificial watercourses, water diversion and water
storage facilities, including all appurtenances and incidentals necessary
for any such facilities.
(Added to NRS by 1989, 840)
“Facility expansion”
means the expansion of the capacity of an existing facility associated
with a capital improvement to serve new development. The term does not
include the repair, maintenance or modernization of a capital improvement
or facility.
(Added to NRS by 1989, 840)
“Fire station
project” means a facility for a fire station or a fire substation. The
term does not include:
1. A facility or portion of a facility that is designed for a use
related to the administration of a fire department or any other use not
directly related to fire fighting; or
2. Any equipment, including, without limitation, vehicles, used
for fire fighting.
(Added to NRS by 2001, 843 )
“Impact fee” means a charge
imposed by a local government on new development to finance the costs of
a capital improvement or facility expansion necessitated by and
attributable to the new development. The term does not include a tax for
the improvement of transportation imposed pursuant to NRS 278.710 .
(Added to NRS by 1989, 840; A 1991, 34)
“Land use
assumptions” means projections of changes in land uses, densities,
intensities and population for a specified service area over a period of
at least 10 years and in accordance with the master plan of the local
government.
(Added to NRS by 1989, 840)
“Local government” means
a city or a county.
(Added to NRS by 1989, 840)
“New development” means:
1. The subdivision of land;
2. The construction, reconstruction, redevelopment, conversion,
structural alteration, relocation or enlargement of any structure which
adds or increases the number of service units; or
3. Any use or extension of the use of land which increases the
number of service units.
(Added to NRS by 1989, 840)
“Park project” means real
property, turf, trees, irrigation, playground apparatus, playing fields,
areas to be used for organized amateur sports, play areas, picnic areas,
horseshoe pits, trails, jogging and pedestrian paths, tennis courts,
areas designated for the use of skateboards and other recreational
equipment or appurtenances which are designed to serve natural persons,
families and small groups and which are used for a park that is not
larger than 50 acres in area. The term does not include auditoriums,
arenas, bandstand and orchestra facilities, bathhouses, clubhouses,
community centers that are more than 3,000 square feet in floor area,
golf course facilities, greenhouses, swimming pools, zoo facilities or
similar recreational facilities.
(Added to NRS by 2001, 844 )
“Police station
project” means a facility for a police station or a police substation.
The term does not include:
1. A facility or portion of a facility that is designed for a use
related to the administration of a police department or any other use not
directly related to the provision of police services, including, without
limitation, the training of police officers; or
2. Any equipment, including, without limitation, vehicles, used to
provide police services.
(Added to NRS by 2001, 844 )
“Sanitary sewer
project” means facilities for the collection, interception,
transportation, treatment, purification and disposal of sewage, including
all appurtenances and incidentals necessary for any such facilities.
(Added to NRS by 1989, 840)
“Service area” means the
area within the boundaries of the local government which is served and
benefited by the capital improvement or facilities expansion as set forth
in the capital improvements plan.
(Added to NRS by 1989, 840)
“Service unit” means a
standardized measure of consumption, use, generation or discharge which
is attributable to an individual unit of development calculated for a
particular category of capital improvements or facility expansions.
(Added to NRS by 1989, 840)
“Storm sewer project”
means facilities for the collection, interception, transportation and
disposal of rainfall and other storm waters, including all appurtenances
and incidentals necessary for any such facilities.
(Added to NRS by 1989, 840)
“Street project” means the
arterial or collector streets or roads which have been designated on the
streets and highways plan in the master plan adopted by the local
government pursuant to NRS 278.220 ,
including all appurtenances, traffic signals and incidentals necessary
for any such facilities.
(Added to NRS by 1989, 840; A 2001, 844 )
“Water project” means
facilities for the collection, transportation, treatment, purification
and distribution of water, including all appurtenances and incidentals
necessary for any such facilities.
(Added to NRS by 1989, 840)
IMPOSITION; CAPITAL IMPROVEMENTS PLAN
1. Before imposing an impact fee, the governing body of the local
government must establish by resolution a capital improvements advisory
committee. The committee must be composed of at least five members.
2. The governing body may designate the planning commission to
serve as the capital improvements advisory committee if:
(a) The planning commission includes at least one representative of
the real estate, development or building industry who is not an officer
or employee of the local government; or
(b) The governing body appoints a representative of the real
estate, development or building industry who is not an officer or
employee of the local government to serve as a voting member of the
planning commission when the planning commission is meeting as the
capital improvements advisory committee.
3. The capital improvements advisory committee shall:
(a) Review the land use assumptions and determine whether they are
in conformance with the master plan of the local government;
(b) Review the capital improvements plan and file written comments;
(c) Every 3 years file reports concerning the progress of the local
government in carrying out the capital improvements plan;
(d) Report to the governing body any perceived inequities in the
implementation of the capital improvements plan or the imposition of an
impact fee; and
(e) Advise the local government of the need to update or revise the
land use assumptions, capital improvements plan and ordinance imposing an
impact fee.
(Added to NRS by 1989, 845; A 1995, 2689)
1. A local government may by ordinance impose an impact fee in a
service area to pay the cost of constructing a capital improvement or
facility expansion necessitated by and attributable to new development.
Except as otherwise provided in NRS 278B.220 , the cost may include only:
(a) The estimated cost of actual construction;
(b) Estimated fees for professional services;
(c) The estimated cost to acquire the land; and
(d) The fees paid for professional services required for the
preparation or revision of a capital improvements plan in anticipation of
the imposition of an impact fee.
2. All property owned by a school district is exempt from the
requirement of paying impact fees imposed pursuant to this chapter.
(Added to NRS by 1989, 840; A 1995, 2690)
A capital
improvements plan must include, by service area:
1. A description of the existing capital improvements and the
costs to upgrade, improve, expand or replace those improvements to meet
existing needs or more stringent safety, environmental or regulatory
standards.
2. An analysis of the total capacity, level of current usage and
commitments for usage of capacity of the existing capital improvements.
3. A description of any part of the capital improvements or
facility expansions and the costs necessitated by and attributable to the
new development in the service area based on the approved land use
assumptions.
4. A table which establishes the specific level or quantity of
use, consumption, generation or discharge of a service unit for each
category of capital improvements or facility expansions.
5. An equivalency or conversion table which establishes the ratio
of a service unit to each type of land use, including but not limited to,
residential, commercial and industrial uses.
6. The number of projected service units which are required by the
new development within the service area based on the approved land use
assumptions.
7. The projected demand for capital improvements or facility
expansions required by new service units projected over a period not to
exceed 10 years.
(Added to NRS by 1989, 841)
1. A local government which wishes to impose an impact fee must
set a time at least 20 days thereafter and place for a public hearing to
consider the land use assumptions within the designated service area
which will be used to develop the capital improvements plan.
2. The notice must be given:
(a) By publication of a copy of the notice at least once a week for
2 weeks in a newspaper of general circulation in the jurisdiction of the
local government.
(b) By posting a copy of the notice at the principal office of the
local government and at least three other separate, prominent places
within the jurisdiction of the local government.
3. Proof of publication must be by affidavit of the publisher.
4. Proof of posting must be by affidavit of the clerk or any
deputy posting the notice.
5. The notice must contain:
(a) The time, date and location of the hearing;
(b) A statement that the purpose of the hearing is to consider the
land use assumptions which will be used to develop a capital improvements
plan for which an impact fee may be imposed;
(c) A map of the service area to which the land assumptions apply;
and
(d) A statement that any person may appear at the hearing and
present evidence for or against the land use assumptions.
(Added to NRS by 1989, 842; A 1995, 2690)
1. The governing body of the local government shall approve or
disapprove the land use assumptions within 30 days after the public
hearing.
2. If the governing body approves the land use assumptions, it
shall develop or cause to be developed a capital improvements plan.
3. Upon the completion of the capital improvements plan, the
governing body shall set a time at least 20 days thereafter and place for
a public hearing to consider the adoption of the plan and the imposition
of an impact fee.
4. The notice must be given:
(a) By publication of a copy of the notice at least once a week for
2 weeks in a newspaper of general circulation in the jurisdiction of the
local government.
(b) By posting a copy of the notice at the principal office of the
local government and at least three other separate, prominent places
within the jurisdiction of the local government.
5. Proof of publication must be by affidavit of the publisher.
6. Proof of posting must be by affidavit of the clerk or any
deputy posting the notice.
7. The notice must contain:
(a) The time, date and location of the hearing;
(b) A statement that the purpose of the hearing is to consider the
adoption of an impact fee;
(c) A map of the service area on which the proposed impact fee will
be imposed;
(d) The amount of the proposed impact fee for each service unit; and
(e) A statement that any person may appear at the hearing and
present evidence for or against the land use assumptions.
(Added to NRS by 1989, 843; A 1995, 2690)
1. On the date and at the place fixed for the hearing any person
may, by written complaints, protests or objections, present his views
concerning the proposed impact fee to the governing body, or present them
orally, and the governing body may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written
complaints, protests and objections have been read and considered, and
after all persons wishing to be heard in person have been heard, the
governing body shall consider the arguments, if any, and any other
relevant material put forth, and shall by resolution or ordinance, pass
upon the merits of each such complaint, protest or objection.
3. Any complaint, protest or objection to the regularity, validity
and correctness of the proceedings and instruments taken, adopted or made
before the date of the hearing shall be deemed waived unless presented in
writing at the time and in the manner set forth in this section.
(Added to NRS by 1989, 843)
1. The governing body of the local government shall approve or
disapprove the adoption of the capital improvements plan and the
imposition of an impact fee within 30 days after the public hearing.
2. If the governing body approves the plan and the imposition of
the impact fee, it shall adopt an ordinance providing that all the impact
fees collected must be deposited in an interest-bearing account which
clearly identifies the category of capital improvements or facility
expansions within the service area for which the fee was imposed.
3. The records of the account into which the impact fees were
deposited must be available for public inspection during ordinary
business hours.
4. The interest and income earned on money in the account must be
credited to the account.
(Added to NRS by 1989, 844)
AMOUNT, COLLECTION AND USE OF FEES
Projected interest charges and other finance costs may be included
in calculating the amount of impact fees if the money is used for the
payment of principal and interest on the portion of the bonds, notes or
other obligations issued by or on behalf of the local government to
finance the capital improvements or facility expansions identified in the
capital improvements plan as being necessitated by and attributable to
new development.
(Added to NRS by 1989, 841)
1. The governing body of a local government which imposes an
impact fee to pay the cost of constructing a street project may include a
provision in the ordinance imposing the impact fee or adopt a separate
ordinance providing that each year in which the governing body does not
adopt any revisions to the land use assumptions or capital improvements
plan or otherwise increase the impact fee, the current amount of the
impact fee is cumulatively increased:
(a) By a percentage equal to the average percentage of increase in
the Consumer Price Index for West Urban Consumers for the preceding 5
years; or
(b) By 4.5 percent,
Ê whichever is less.
2. Upon inclusion of a provision in the ordinance imposing the
impact fee or the adoption of a separate ordinance authorized by
subsection 1, no further action by the governing body is necessary to
effectuate the annual increases.
3. Each increase authorized pursuant to this section becomes
effective 1 year after:
(a) The date upon which the impact fee initially becomes effective;
(b) The date the governing body adopts a revised capital
improvements plan; or
(c) The effective date of any previous increase in the impact fee
pursuant to this section,
Ê whichever occurs last.
(Added to NRS by 2003, 958 )
1. The impact fee per service unit, excluding the amount of any
increase authorized pursuant to NRS 278B.225 , must not exceed the amount determined by
dividing the costs of the capital improvements described in subsection 3
of NRS 278B.170 by the total number
of projected service units described in subsection 6 of NRS 278B.170
.
2. If the number of new service units projected over a period is
less than the total number of new service units shown by the approved
land use assumptions at full development of the service area, the maximum
impact fee which may be charged per service unit, excluding the amount of
any increase authorized pursuant to NRS 278B.225 , must be calculated by dividing the costs of
the part of the capital improvements required by the new service units
described in subsection 7 of NRS 278B.170 by the projected new service units described
in that subsection.
3. The impact fee may be collected at the same time as the fee for
issuance of a building permit for the service unit or at the time a
certificate of occupancy is issued for the service unit, as specified in
the ordinance.
(Added to NRS by 1989, 842; A 2003, 959 )
1. If an owner is required by a local government, as a condition
of the approval of the development, to construct or dedicate, or both, a
portion of the off-site facilities for which impact fees other than for a
park project are imposed, the off-site facilities must be credited
against those impact fees.
2. If a school district is required by a local government to
construct or dedicate, or both, a portion of the off-site facilities for
which impact fees are imposed, the local government shall, upon the
request of the school district, reimburse or enter into an agreement to
reimburse the school district for the cost of the off-site facilities
constructed or dedicated, or both, minus the cost of the off-site
facilities immediately adjacent to or providing connection to the school
development which would be required by local ordinance in the absence of
an ordinance authorizing impact fees.
3. If an owner is required by a local government to:
(a) Pay a residential construction tax pursuant to NRS 278.4983
;
(b) Dedicate land pursuant to NRS 278.4979 or otherwise dedicate or improve land, or
both, for use as a park; or
(c) Construct or dedicate a portion of the off-site facilities for
which impact fees for a park project are imposed,
Ê the owner is entitled to a credit against the impact fee imposed for
the park project for the amount of the residential construction tax paid,
the fair market value of the land dedicated, the cost of any improvements
to the dedicated land or the cost of the off-site facilities dedicated or
constructed, as applicable.
(Added to NRS by 1989, 842; A 1995, 2691; 2001, 844 )
An impact
fee must not be collected unless:
1. Collection is made to pay for a capital improvement or facility
expansion which has been identified in the capital improvements plan;
2. The local government agrees to reserve capacity to serve future
development and the owner and the local government enter into a written
agreement to do so; or
3. The local government agrees that the owner of a new development
may construct or finance the capital improvements or facility expansions
and:
(a) The costs incurred or money advanced will be credited against
the impact fees otherwise due from the new development; or
(b) It will reimburse the owner for those costs from the impact
fees paid from other developments which will use those capital
improvements or facility expansions.
(Added to NRS by 1989, 842)
1. The local government shall, upon the request of an owner of
real property for which an impact fee has been collected, refund the
impact fee and any interest and income earned on the impact fee by the
local government, if:
(a) After collecting the fee the local government did not begin
construction of the capital improvement or facility expansion for which
the fee was collected within 5 years after collecting the fee; or
(b) The fee, or any portion thereof, was not spent for the purpose
for which it was collected within 10 years after the date on which it was
collected.
2. The local government shall, upon the completion of the capital
improvement or facility expansion identified in the capital improvements
plan or upon expenditure of fees collected from a development,
recalculate the impact fee for that development by using the actual costs
of the capital improvement or facility expansion or the actual costs of
those capital improvements or facility expansions completed and
engineering estimates of those capital improvements or facility
expansions to be completed within the service area.
3. If the impact fee based on the cost or recalculated cost is
less than the impact fee paid, the local government shall refund:
(a) The difference if the actual costs are known; or
(b) The difference if it exceeds the impact fee paid by more than
10 percent, if estimates are used,
Ê and any interest and income earned by the local government on the
amount of money refunded.
4. The local government shall refund any impact fee or part
thereof, and any interest and income earned by the local government on
the amount of money refunded, if it is not spent within 10 years after
the date of payment.
5. Each refund must be paid to the owner of the property on record
at the time the refund is paid. If a local government paid the impact
fee, the refund must be paid to that local government.
6. Any limitation of time established by this section is suspended
for any period, not to exceed 1 year, during which this State or the
Federal Government takes any action to protect the environment or an
endangered species which prohibits, stops or delays the construction of
the capital improvement or facility expansion for which an impact fee was
collected.
(Added to NRS by 1989, 844; A 1991, 298)
After the
collection of the impact fee no additional impact fees may be collected
for the same service unit. If the number of service units increases, the
impact fee must be limited to the amount which is attributable to the
additional service units.
(Added to NRS by 1989, 842)
Impact fees must not
be used for:
1. The construction, acquisition or expansion of public facilities
or assets other than capital improvements or facility expansions which
are included in the capital improvements plan.
2. The repair, operation or maintenance of existing or new capital
improvements or facility expansions.
3. The upgrading, expansion or replacement of existing capital
improvements or facilities to serve existing development to meet more
stringent safety, environmental or regulatory standards.
4. The upgrading, expansion or replacement of existing capital
improvements or facilities to provide better service to existing
development.
5. The administrative and operating costs of the local government.
6. Except as otherwise provided in NRS 278B.220 , the payments of principal and interest or
other finance charges on bonds or other indebtedness.
(Added to NRS by 1989, 841)
REVIEW AND REVISION OF CAPITAL IMPROVEMENTS PLAN
1. Each local government which imposes an impact fee shall review
and may revise the land use assumptions and capital improvements plan at
least once every 3 years. The 3-year period begins upon the adoption of
the capital improvements plan by the local government.
2. Upon the completion of the revised capital improvements plan,
the local government shall set a time at least 20 days thereafter and
place for a public hearing to discuss and review the revision of the plan
and whether the revised plan should be adopted.
3. The notice must be given:
(a) By publication of a copy of the notice at least once a week for
2 weeks in a newspaper of general circulation in the jurisdiction of the
local government.
(b) By posting a copy of the notice at the principal office of the
local government and at least three other separate, prominent places
within the jurisdiction of the local government.
4. Proof of publication must be by affidavit of the publisher.
5. Proof of posting must be by affidavit of the clerk or any
deputy posting the notice.
6. The notice must contain:
(a) The time, date and location of the hearing;
(b) A statement that the purpose of the hearing is to consider the
revision of the land use assumptions, capital improvements plan and the
imposition of an impact fee;
(c) A map of the service area for which the revision is being
prepared; and
(d) A statement that any person may appear at the hearing and
present evidence for or against the revision.
(Added to NRS by 1989, 845; A 1995, 2691)
The
governing body of the local government shall approve or disapprove the
adoption of the revised capital improvements plan, the land use
assumptions and the imposition of an impact fee within 30 days after the
public hearing.
(Added to NRS by 1989, 845)
MISCELLANEOUS PROVISIONS
Any new development for which an
impact fee has been paid is entitled to:
1. The permanent use and benefit of the facilities for which the
fee was imposed; and
2. Receive immediate service from any existing facility with
actual capacity to serve the new service units.
(Added to NRS by 1989, 842)
1. The seller of any property who has actual or constructive
notice of the imposition or pending imposition of an impact fee on that
property which has not been paid in full shall give written notice of the
fee to the buyer before the property is conveyed.
2. The notice must contain:
(a) The amount of the impact fee which has not yet been paid, if it
has been imposed at the time the notice is given; and
(b) The name of the local government which imposed or will impose
the impact fee.
3. If the seller fails to give the notice required pursuant to
this section, he is liable to the buyer for any amount of the impact fee
which becomes payable on the property after the conveyance.
(Added to NRS by 1989, 845)
No action or proceeding may be commenced for
the purpose of seeking judicial relief or review from or with respect to
any final action, decision or order of any committee or other governing
body authorized by this chapter unless the action or proceeding is
commenced within 25 days after the date of filing of notice of the final
action, decision or order with the clerk or secretary of the committee or
governing body.
(Added to NRS by 1991, 49)
