The board of county commissioners of Churchill County finds, determines and declares that:

1. Churchill County must expand its road system in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service. This must be done in order to promote and protect the public health, safety, and welfare.
2. The Nevada legislature through the enactment of NRS §§ 278B.150 through 278B.280 has sought to encourage Churchill County to enact impact fees.
3. The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety, and welfare.
4. Each of the types of land development described in section 16.20.040 of this chapter will generate traffic necessitating the acquisition of rights of way, road construction, and road improvements.
5. The fees established by this chapter are derived from, are based upon, and do not exceed the costs of providing additional rights of way, road construction, and road improvements necessitated by the new land developments for which the fees are levied.
6. The report entitled the "5-Year Road Maintenance Plan" dated May 5, 2005, and the "Churchill County Capital Improvement Plan" dated November 16, 2005, sets forth a reasonable methodology and analysis for the determination of the impact of new development on the need for and costs of additional rights of way, road construction, and road improvements in Churchill County.

(Bill No. 2005-R, 2005)

1. This chapter shall be incorporated in the consolidated development code and may be cited as "Chapter 16.20, Impact Fees; Article I, Road Impact Fees."
2. The board of county commissioners of the county of Churchill, a political subdivision of the state of Nevada, is authorized by NRS § 244.157 to exercise any of the powers in the unincorporated area within its county that a board of trustees of any general improvement district, if organized, would be permitted to exercise.
3. This chapter shall apply to the unincorporated area of Churchill County.

(Bill No. 2005-R, 2005)

1. This chapter is intended to assist in the implementation of the Churchill County master plan specifically section 10 transportation, and the Fallon area transportation study adopted by the board of county commissioners on June 15, 2005. Churchill County has prepared a five-year road maintenance plan and a capital improvement plan for the urbanizing area, adopted by the board of county commissioners on November 16, 2005.
2. The purpose of this chapter is to regulate the use of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide roads in Churchill County. The above stated intent is accomplished in this chapter by the establishment of a system for the imposition of road impact fees within the service area to assure that new development contributes its proportionate share of the cost of providing, and benefits from the provision of, the road capital improvements identified as needed to be built in the road capital improvement plan of the service area.

(Bill No. 2005-R, 2005)

Definitions found in chapter 16.24 of this title shall be applicable. In addition the following definitions shall apply in this chapter:

Site related improvement. Those road capital improvements and right-of-way dedications that provide direct access to the development. Direct access improvements include, but are not limited to, the following:

1. Driveways and streets leading to and from the development.
2. Right and left turn lanes leading to those driveways and streets.
3. Traffic control measures for those driveways.
4. Internal streets.

Traffic generating development, commencement of. Occurs upon the issuance of a final map for a subdivision, a final map for a planned unit development, or the issuance of a building permit or placement permit for a manufactured home, whichever occurs first, after the effective date hereof.

(Bill No. 2005-R, 2005)

1. Fee required henceforth. After the effective date hereof, any person, government body or any legal entity that causes the commencement of traffic generating development within unincorporated Churchill County shall be obligated to pay a road impact fee, pursuant to the terms of this chapter. The fee shall be determined and paid to the Churchill County planning department at the time of final map submittal or where a final map is not applicable, paid to the building department at the time of issuance of a building permit or placement permit for a manufactured home.
2. Fee still required under development agreements. Any person, who, prior to the effective date hereof and as a condition of development approval, agreed to pay a road impact fee, shall be responsible for the payment of the fee under the terms of any such agreement. The payment of such fee by the developer will be offset against any impact fees due pursuant to the terms of this chapter.
3. Exemptions. The following shall be exempt from the terms of this chapter. An exemption must be claimed by the fee payer at the time of application for a building permit.
   1. Alterations, replacement (if meets criteria as defined in subsection C6 of this subsection) or expansion of an existing legally placed single-family residence, where no additional dwelling units are created, the use is not changed, and no additional vehicular trips will be produced over and above that produced by the existing use.
   2. The construction of accessory buildings or structures which will not produce additional vehicular trips over and above that produced by the principal building or use of the land.
   3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of approximately the same size and use, provided that no additional trips will be produced over and above that produced by the original use of the land.
   4. Any development for which a completed application for a building permit was submitted prior to the effective date hereof, provided that the construction proceeds according to the provisions of the permit or extensions of the permit. If a new building permit is issued for the structure road impact fees will apply.
   5. Placement of a manufactured/mobile home under a temporary use permit.
   6. An "existing single-family residence" is defined as one that was placed legally at the time it was established and has been lived in after November 2005. If the residence does not meet this definition, the road impact fee is required with the replacement of the structure.
4. Establishment of fee schedule. Any person who causes the commencement of traffic generating development, except those persons exempted, shall pay a road impact fee in accordance with the fee schedule contained in table 1 of this section.
   
   TABLE 1
   ROAD IMPACT FEE SCHEDULE
   
   

   Land Use Type	Unit	Fee
   Single-family detached	Dwelling	$2,300.00
   Manufactured home	Dwelling	2,300.00
   Multi-family	Dwelling	2,300.00 per unit
   Manufactured home park	Pad	2,300.00 per space
   Retail/commercial/industrial	Primary structure	2,300.00

(Bill No. 2005-R, 2005; Bill No. 2010-G, 2010; Bill No. 2018-E, 2019)

1. Establishment. For the purpose of further ensuring fee payers receive sufficient benefit for fees paid, two benefit areas are established in the service area. The benefit areas are defined as follows, and are shown in appendix V-A, attached to the ordinance codified herein:
   1. Benefit area A is bounded and described as follows: Starting at a point one mile north of Wade Lane along Highway 95, go due west to Soda Lake Road, proceed south along Soda Lake Road to its intersection with Highway 50 (Reno Highway), continue due south to the V-Line Canal, then east along the V-Line Canal to the L-Line Canal, follow the L-Line Canal to Sheckler Road, proceed east along Sheckler Road to the western city limits of the city of Fallon, follow the western city limits northerly to Highway 95, then north along Highway 95 to the point of beginning.
   2. Benefit area B is the unincorporated area of the county including benefit area A.
2. Expenditure. Impact fee funds shall be spent within the benefit area wherein the traffic generating development paying the fee is located.
3. Establishment of special revenue fund. Churchill County shall establish a road impact fee fund for the purpose of collecting and distributing the road impact fees collected under this chapter. Within the road impact fee fund, separate benefit area accounts will be established to ensure that fee payers receive sufficient benefit for road impact fees paid.
4. Fund Regulations.
   1. All road impact fees collected by Churchill County shall be immediately deposited into the road impact fee fund.
   2. All proceeds shall be invested in an interest-bearing account. All income derived from these investments shall be retained in the road impact fee fund until transferred. Records of the fund and the various benefit area accounts shall be available for public inspection in the comptroller's office during normal business hours.
5. Annual recommendation for fee expenditure. Each year, at the time the annual budget is reviewed, a capital improvement plan (CIP) shall be developed with recommendations of how road impact fees shall be spent. After review of the recommendation, the board of county commissioners shall approve or modify the recommended expenditures of the fund monies. Expenditures shall be made from the fund only for those capital road improvement projects on the road capital improvement plan for the appropriate benefit areas. Any amounts not appropriated from the benefit area accounts, together with any interest earnings, shall be carried over to the following fiscal year.
6. Review of plan. At least once every two years, the engineering and capital improvement project manager and the road supervisor shall recommend to the board of county commissioners whether any changes should be made to the transportation plan, the capital improvement plan, the five-year road maintenance plan (as it pertains to capital improvements) and this chapter. The purpose of this review is to analyze the effects of inflation on actual costs, to assess potential changes in needs, to assess any changes in the characteristics of land uses, and to ensure that the road impact fees are equitable and do not exceed proportionate share.

(Bill No. 2005-R, 2005)