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

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 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,

Ê 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.

      (Added to NRS by 1989, 842; A 1995, 2691; 2001, 844)