Title 22

NRS 278B.045 “Fire station project” defined. 1. “Fire station project” means one or more of the following portions of a fire station or a fire substation: (a) Office space used for the administration of the fire station or fire substation. (b) Storage areas. (c) Kitchen facilitie…

NRS 278B.050 “Impact fee” defined. “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 imp…

NRS 278B.060 “Land use assumptions” defined. “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. (Ad…

NRS 278B.070 “Local government” defined. “Local government” means a city or a county. (Added to NRS by 1989, 840)

NRS 278B.080 “New development” defined. “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…

NRS 278B.083 “Park project” defined. “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, ar…

NRS 278B.087 “Police station project” defined. 1. “Police station project” means one or more of the following portions of a police station or a police substation: (a) Office space used for the administration of the police station or police substation. (b) Storage areas. (c) Locke…

NRS 278B.090 “Sanitary sewer project” defined. “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 …

NRS 278B.100 “Service area” defined. “Service area” means any specified area within the boundaries of a local government in which new development necessitates capital improvements or facility expansions and within which new development is served directly and benefited by the capi…

NRS 278B.110 “Service unit” defined. “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 278B.120 “Storm sewer project” defined. “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 198…

NRS 278B.130 “Street project” defined. “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 si…

NRS 278B.140 “Water project” defined. “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; CAP…

NRS 278B.150 Capital improvements advisory committee: Establishment; designation of planning commission; duties. 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…

NRS 278B.160 Imposition and purpose of impact fee; costs that may be included; property of school district exempt. 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 necessitate…

NRS 278B.170 Contents of capital improvements plan. 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 sa…

NRS 278B.180 Public hearing to consider land use assumptions; notice of hearing. 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 servic…

NRS 278B.190 Approval of land use assumptions; development of capital improvements plan; public hearing to consider adoption of plan and imposition of impact fee; notice of hearing. 1. The governing body of the local government shall approve or disapprove the land use assumptions…

NRS 278B.200 Receipt, consideration and waiver of complaints, protests and objections concerning impact fee. 1. On the date and at the place fixed for the hearing any person may, by written complaints, protests or objections, present his or her views concerning the proposed impac…

NRS 278B.210 Adoption of capital improvements plan and imposition of impact fee; accounting. 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…

NRS 278B.220 Inclusion of costs of financing in amount of impact fee. 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 o…

NRS 278B.225 Impact fee to pay cost of street project: Ordinance to cumulatively increase fee on automatic basis to adjust for inflation; time at which such increases become effective. 1. The governing body of a local government which imposes an impact fee to pay the cost of cons…

NRS 278B.230 Maximum impact fee per service unit; time for collection. 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 i…

NRS 278B.240 Credits against impact fees; reimbursement of school district for certain costs. 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 imp…

NRS 278B.250 Conditions upon collection of impact fee. 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 ca…

NRS 278B.260 Refund of impact fee. 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…

NRS 278B.270 Collection of additional impact fees. 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 addi…

NRS 278B.280 Prohibited uses of impact fees. 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, o…

NRS 278B.290 Periodic review of capital improvements plan; public hearing to discuss revision; notice of hearing. 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. T…

NRS 278B.300 Adoption of revised capital improvements plan. 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 h…

NRS 278B.310 Development entitled to services and use of facilities upon payment of impact fee. 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 ser…

NRS 278B.320 Seller of property to provide buyer with notice of impact fee; contents of notice; liability of seller. 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 pa…

NRS 278B.330 Limitation on time for judicial review of final action, decision or order. 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 bo…