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)
Structure Nevada Revised Statutes
Chapter 278B - Impact Fees for New Development
NRS 278B.020 - "Capital improvement" defined.
NRS 278B.030 - "Drainage project" defined.
NRS 278B.040 - "Facility expansion" defined.
NRS 278B.045 - "Fire station project" defined.
NRS 278B.050 - "Impact fee" defined.
NRS 278B.060 - "Land use assumptions" defined.
NRS 278B.070 - "Local government" defined.
NRS 278B.080 - "New development" defined.
NRS 278B.083 - "Park project" defined.
NRS 278B.087 - "Police station project" defined.
NRS 278B.090 - "Sanitary sewer project" defined.
NRS 278B.100 - "Service area" defined.
NRS 278B.110 - "Service unit" defined.
NRS 278B.120 - "Storm sewer project" defined.
NRS 278B.130 - "Street project" defined.
NRS 278B.140 - "Water project" defined.
NRS 278B.170 - Contents of capital improvements plan.
NRS 278B.180 - Public hearing to consider land use assumptions; notice of hearing.
NRS 278B.210 - Adoption of capital improvements plan and imposition of impact fee; accounting.
NRS 278B.220 - Inclusion of costs of financing in amount of impact fee.
NRS 278B.230 - Maximum impact fee per service unit; time for collection.
NRS 278B.240 - Credits against impact fees; reimbursement of school district for certain costs.
NRS 278B.250 - Conditions upon collection of impact fee.
NRS 278B.260 - Refund of impact fee.
NRS 278B.270 - Collection of additional impact fees.
NRS 278B.280 - Prohibited uses of impact fees.
NRS 278B.300 - Adoption of revised capital improvements plan.
NRS 278B.310 - Development entitled to services and use of facilities upon payment of impact fee.
NRS 278B.330 - Limitation on time for judicial review of final action, decision or order.