Assembly Bill No. 458–Assemblyman Parks (by request)

 

CHAPTER..........

 

AN ACT relating to impact fees; including a fire station project, park project and police station project as capital improvements which a local government may finance by imposing impact fees on new developments; providing a credit against an impact fee for a park project in certain circumstances; revising the definition of “street projects” to include traffic signals; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

 the provisions set forth as sections 2 to 4, inclusive, of this act.

   Sec. 2.  “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.

   Sec. 3.  “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.

   Sec. 4.  “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.

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

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

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

 inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed

 to them in those sections.

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

   278B.020  “Capital improvement” means a:

   1.  Drainage project;

   2.  Fire station project;

   3.  Park project;

   4.  Police station project;

   5.  Sanitary sewer project;

   [3.] 6.  Storm sewer project;

   [4.] 7.  Street project; or

   [5.] 8.  Water project.

   Sec. 7. NRS 278B.130 is hereby amended to read as follows:

   278B.130  “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.

   Sec. 8.  NRS 278B.240 is hereby amended to read as follows:

   278B.240  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,

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.

   Sec. 9.  The act becomes effective on July 1, 2001.

 

²⁰~~~~~⁰¹