Nevada § 278B.260 - Refund of impact fee

§ 278B.260. Refund of impact fee

1. The local government shall, upon the request of an owner of real property for which

an impact fee has been collected, refund the impact fee and any interest and income

earned on the impact fee by the local government, if: (a) After collecting the fee the local government did not begin construction of the

capital improvement or facility expansion for which the fee was collected within 5

years after collecting the fee; or (b) The fee, or any portion thereof, was not spent for the purpose for which it was

collected within 10 years after the date on which it was collected. 2. The local government shall, upon the completion of the capital improvement or facility

expansion identified in the capital improvements plan or upon expenditure of fees

collected from a development, recalculate the impact fee for that development by using

the actual costs of the capital improvement or facility expansion or the actual costs

of those capital improvements or facility expansions completed and engineering estimates

of those capital improvements or facility expansions to be completed within the service

area. 3. If the impact fee based on the cost or recalculated cost is less than the impact

fee paid, the local government shall refund: (a) The difference if the actual costs are known; or (b) The difference if it exceeds the impact fee paid by more than 10 percent, if estimates

are used, and any interest and income earned by the local government on the amount of money

refunded. 4. The local government shall refund any impact fee or part thereof, and any interest

and income earned by the local government on the amount of money refunded, if it is

not spent within 10 years after the date of payment. 5. Each refund must be paid to the owner of the property on record at the time the

refund is paid. If a local government paid the impact fee, the refund must be paid to that local government. 6. Any limitation of time established by this section is suspended for any period,

not to exceed 1 year, during which this State or the Federal Government takes any

action to protect the environment or an endangered species which prohibits, stops

or delays the construction of the capital improvement or facility expansion for which

an impact fee was collected.