Senate Bill No. 457–Committee on Government Affairs

(On Behalf of City of Las Vegas)

March 17, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Authorizes local governments to impose impact fees on new developments to finance fire suppression projects and park projects. (BDR 22-540)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to impact fees; including fire suppression projects and park projects as capital improvements which local governments may finance by imposing impact fees on new developments; prohibiting the imposition of an impact fee for a park project by a local government that imposes a residential construction tax; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 278B of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. "Fire suppression project" means any facilities for a

1-4 municipal fire protection system, including fire stations. The term does

1-5 not include any facility or portion of a facility designed for a use related

1-6 to the administration of a fire department or any other use not directly

1-7 related to fire fighting.

1-8 Sec. 3. "Park project" means facilities intended for the recreation of

1-9 persons who live or work within a service area, including, without

1-10 limitation, any permanent appurtenances necessary for such facilities.

1-11 The term does not include a:

1-12 1. Project that is more than 50 acres in size;

1-13 2. Golf course; or

1-14 3. Recreational trail or bike path, unless the trail or path is located

1-15 on a parcel of land which has been improved as a park.

2-1 Sec. 4. A local government shall not impose an impact fee for a park

2-2 project pursuant to this chapter if a residential construction tax is

2-3 imposed by the local government pursuant to NRS 278.4983.

2-4 Sec. 5. NRS 278B.010 is hereby amended to read as follows:

2-5 278B.010 As used in this chapter, unless the context otherwise

2-6 requires, the words and terms defined in NRS 278B.020 to 278B.140,

2-7 inclusive, and sections 2 and 3 of this act have the meanings ascribed to

2-8 them in those sections.

2-9 Sec. 6. NRS 278B.020 is hereby amended to read as follows:

2-10 278B.020 "Capital improvement" means a:

2-11 1. Drainage project;

2-12 2. Fire suppression project;

2-13 3. Park project;

2-14 4. Sanitary sewer project;

2-15 [3.] 5. Storm sewer project;

2-16 [4.] 6. Street project; or

2-17 [5.] 7. Water project.

2-18 Sec. 7. NRS 278B.160 is hereby amended to read as follows:

2-19 278B.160 1. [A] Except as otherwise provided in section 4 of this

2-20 act, a local government may by ordinance impose an impact fee in a service

2-21 area to pay the cost of constructing a capital improvement or facility

2-22 expansion necessitated by and attributable to new development. Except as

2-23 otherwise provided in NRS 278B.220, the cost may include only:

2-24 (a) The estimated cost of actual construction;

2-25 (b) Estimated fees for professional services;

2-26 (c) The estimated cost to acquire the land; and

2-27 (d) The fees paid for professional services required for the preparation

2-28 or revision of a capital improvements plan in anticipation of the imposition

2-29 of an impact fee.

2-30 2. All property owned by a school district is exempt from the

2-31 requirement of paying impact fees imposed pursuant to this chapter.

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