§ 17.03

In order to implement the goals and objectives of the Circulation Element of the County of Nevada's General Plan and to mitigate the cumulative impacts on roads caused by new development in the County, certain road improvements must be or had to be constructed. The Board of Supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following sections, the Board of Supervisors has found the fee to be consistent with its General Plan and, pursuant to Cal. Gov't Code § 65913.2, has considered the effects of the fee with respect to the County's housing needs as established in the Housing Element of the General Plan.

(Ord. 1809. (11/10/1992); Ord. 1829. (04/13/1993); Ord. 2531. (10/24/2023))

A.

Road Development Fee. A road development fee is hereby established and shall be levied against development in the unincorporated territory of the County to pay for road improvements. The Board of Supervisors shall, in a separate resolution, set forth the specific amount of the fee based upon a study describing the benefit and impact area on which the development fee is imposed, listing the specific public improvements to be financed, describing the estimated cost of these road improvements and describing the reasonable relationship between this fee and the various types of new developments. As set in the fee resolution, this development fee shall be calculated and paid as provided in Section 17.03.030. On an annual basis, the Department of Public Works shall review the study to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described road improvements are still needed.

B.

Reimbursement Fee. In addition to said road development fee, any person developing real property may also be required to contribute a sum, including an amount attributable to interest, to reimburse any other person who has been required as a condition of development to construct road improvements of supplemental size, length or capacity in proportion to the benefit enjoyed. Payment of said sum may be included as a condition of approval of a development permit, provided, however, that said reimbursement amount shall be required to be paid, whether or not imposed as a condition of approval, when a reimbursement agreement is in effect with another property owner (developer) pursuant to Section 17.03.050 which identifies the person's property to be developed as being within the benefit area subject to charges thereunder. The rate and amount of interest shall be determined by the County Auditor consistent with the interest earned by County investments during the applicable period of time.

(Ord. 1809. (11/10/1992); Ord. 1829. (04/13/1993); Ord. 1837. (07/13/1993); Ord. 2239. (05/29/2007); Ord. 2531. (10/24/2023))

A.

Road Development Fee Calculation. The applicable road development fees shall be calculated in accordance with the development fee schedule in effect as of the date that the fees are paid by the developer, property owner or other responsible party.

B.

Road Development Fee Payment. The fees may be paid at any point in time that the developer or property owner chooses following the determination by the County Planning Department that an application for development has been properly filed with the Department and the application has been found to be complete, or is deemed to be complete under Cal. Gov't Code § 65943 provided, however, that in no event shall the fees be paid any later than upon the issuance of a building permit (as to any non-residential

development) or upon the earliest of the final inspection, the issuance of a certificate of occupancy, or such time as may be authorized pursuant to Cal. Gov't Code § 66007(b) (as to residential development).

C.

Road Development Fee on As-Built Construction. In the event that development on real property exists without proper permits, the Road Development Fee will be calculated in accordance with the development fee schedule in effect as of the date of the issuance of a building permit.

In cases where a property is acquired with existing, unpermitted structures, the Road Development Fee may be calculated in accordance with the applicable fee schedule in effect at the time of original building construction.

(Ord. 1809. (11/10/1992); Ord. 1829. (04/13/1993; Ord. 2376. (01/28/2014); Ord. 2531. (10/24/2023))

The revenues raised by payment of this fee shall be placed in a separate and special account and such revenues, along with any interest earnings on that account, shall be used solely to:

A.

Pay for the future construction of road improvements described in the resolutions enacted pursuant to Section 17.03.020, or to reimburse the cost for those described or listed road improvements constructed with funds advanced from other sources to the advancing governmental entity, or

B.

Reimburse developers who have been required or permitted by Section 17.03.050 to install such listed road improvements which are oversized with supplemental size, length, or capacity.

(Ord. 1809. (11/10/1992); Ord. 1829. (04/13/1993); Ord. 2060. (06/05/2001); Ord. 2531. (10/24/2023))

Whenever a developer is required, as a condition of approval of a development permit, to construct road improvements described in a resolution adopted pursuant to Section 17.03.020.A, which road improvements are determined by the County of Nevada to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the road network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this Section on the development project, shall be offered. When the road improvements required as a condition of approval of a development are determined to have supplemental size, length or capacity over that needed for the impacts of that development, but said improvements are other than those described in a resolution adopted pursuant to Section 17.03.020.A, a reimbursement agreement with the developer, without a credit against fees, may be offered with regard to other properties which have the right to use and stand to benefit from such improvements. In any event, the reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the road improvements or the burdens created by the development project.

(Ord. 1809. (11/10/1992); Ord. 1829. (04/13/1993); Ord. 1837. (07/13/1993); Ord. 2531. (10/24/2023))

CHAPTER 4. - PROCEDURES FOR PROTEST, LITIGATION AND/OR REFUNDS OF DEVELOPMENT FEES