A.   Short Title: This chapter shall be known and may be cited as the TRANSPORTATION IMPACT FEE ORDINANCE.

   B.   Authority: The city council has the authority to adopt this chapter pursuant to the Nevada constitution and Nevada Revised Statutes, including, but not limited to, chapters 277, 278 and 278B.

   C.   Application: This chapter shall apply to all lands within the boundaries of the city, as defined in this chapter. (Ord. 208, 5-26-1998)

   A.   Intent: This chapter is intended to implement and be consistent with the transportation impact fee capital improvements plan (hereinafter "TCIP") and the master plan of the city.

   B.   Purpose: The purpose of this chapter is to establish a comprehensive, citywide system for the imposition of transportation impact fees to assure new development contributes its proportionate share to the cost of road capital improvements identified as needed to be built in the TCIP. (Ord. 208, 5-26-1998)

   A.   Definitions: Certain words or phrases unique to this chapter shall be construed as herein set out unless it is apparent from the context that they have a different meaning:

    ARTERIAL STREET: A road so designated in the TCIP which accommodates large volumes of through traffic. This traffic is comprised of local and visitor trips. An arterial street is designed mainly for the movement of through traffic but also performs a secondary function of providing access to abutting properties. Access, parking and loading on arterial streets may be restricted or prohibited to improve the capacity for moving traffic. Signalization may occur at the intersection of some arterial streets and collector streets.

   AVERAGE TRIP LENGTH: The average length of a vehicle trip, in miles, on the major road network.

   BUILDING PERMIT: That development permit issued by the city department before any building or construction activity can be initiated on a parcel of land. "Building permit" does not include any permits for demolition, grading or the construction of a foundation.

   CAPACITY: The maximum number of vehicles which have a reasonable expectation of passing through a given section of a street in one direction, or in both directions of a road, during a given time period, under prevailing traffic conditions, expressed in terms of vehicles per hour. Capacity is measured in this chapter at the P.M. peak hour.

   CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: The committee which is authorized by resolution, and pursuant to Nevada Revised Statutes sections 278B.150 and 277.080 et seq., to undertake the following duties: to determine conformance of the land use assumptions, upon which the TCIP and this chapter are based, with the city master plan; to review the TCIP; file annual reports concerning the progress of the city in carrying out the TCIP; report to the city council perceived inequities in the implementation of the TCIP, and the imposition of the transportation impact fee; and advise the city council of the need to update or revise the land use assumptions, TCIP and this chapter.

   CERTIFICATE OF OCCUPANCY: The document issued by the city authorizing the owner to formally occupy a building or portion of a building for which building permits have been issued.

   CITY: The city of Mesquite, unless the term is used herein in conjunction with the term city council, in which case the term "city" is defined as the city manager, his designee, or any other city department or employee performing administrative functions pursuant to this chapter.

   COLLECTOR STREET: A street so designated in the TCIP which functions as a connection between arterial streets as well as providing access to abutting properties.

   COMMENCEMENT OF LAND DEVELOPMENT ACTIVITY: Occurs upon the issuance of a building permit.

   EXISTING LAND DEVELOPMENT ACTIVITY: The most intense use of land within the twelve (12) months prior to the time of commencing land development activity.

   EXPANSION OF THE CAPACITY OF A STREET: Includes any widening, intersection improvement, signalization or other capital improvement designed to increase the existing street's capacity to carry vehicles.

   EXTERNAL TRIP: Any trip which either has its origins from or its destination to the development site, and which impacts the major road network.

   FEE PAYER: A person commencing traffic generating land development activity who is obligated to pay an impact fee in accordance with the terms of this chapter.

   GENERATION OF TRAFFIC: Includes both the production and attraction of traffic.

   INTERNAL TRIP: A trip which has both its origin and destination within the land development site, does not leave the development site, and does not impact the major road network.

   LEVEL OF SERVICE (LOS): A qualitative measure describing operational conditions, from A (best) to F (worst), within a traffic stream or at intersections, which is quantified for street segments by determination of a volume to capacity ratio (V/C), which is a measurement of the amount of capacity of a street which is being utilized by traffic, and which is quantified for signalized and unsignalized intersections in terms of vehicle delay. The V/C for LOS "A" through "F" for street segments are:

 

Intersection level of service shall be measured in terms of vehicle delay as follows:

 

   MAJOR ROAD NETWORK: All arterial streets and collector streets that traverse the boundaries of the city, including proposed arterial streets and collector streets necessitated by projected future traffic generating land development activity as identified in the TCIP. Only streets indicated on the arterial and collector street map adopted by the city council shall be considered a part of the major road network. The major road network is designated in exhibit A, which is attached hereto and incorporated herein by reference.

   NONSITE RELATED IMPROVEMENTS: Capital improvements and right of way dedications for street improvements to the arterial streets and collector streets identified in the TCIP that are not site related improvements.

   PERCENT PRIMARY TRIPS: The percentage of average daily trips that a proposed use will generate that constitutes new or additional trips added to the major road network. Those trips that do not represent additional trip ends shall not be counted as new or additional trips. Pass by trips and diverted trips do not constitute new trips.

   PERSON: An individual, corporation, governmental agency or body, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity.

   ROADS: Arterials and collectors which traverse the city.

   SERVICE AREA: The incorporated city limits.

   SERVICE UNIT: A standardized measure of consumption, use, generation or discharge which is attributable to an individual unit of development calculated for a particular category or capital improvements or facility expansions. The service unit used in this chapter and the TCIP is vehicle miles of travel (VMT) during the P.M. peak hour of an average weekday.

   SITE RELATED IMPROVEMENTS: Those street 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; and 4) internal streets.

   TRAFFIC GENERATING LAND DEVELOPMENT ACTIVITY: Land development designed or intended to permit a use of the land which will contain or convert to more dwelling units or floor space than the then existing use of the land in a manner that increases the generation of vehicular traffic.

   TRANSPORTATION CAPITAL IMPROVEMENT: Includes the transportation planning of, preliminary engineering, engineering design studies, land surveys, alignment studies, right-of-way acquisition, engineering, permitting, and construction of all necessary features for any street construction project on any arterial or collector street in the TCIP, undertaken to accommodate additional traffic resulting from new traffic generating land development, including, but not limited to: 1) construction of new through lanes; 2) construction of new bridges; 3) construction of new drainage facilities in conjunction with new street construction; 4) purchase and installation of traffic signals, including new and upgraded signalization; 5) construction of curbs, gutters, sidewalks, medians and shoulders; 6) relocating utilities to accommodate new street construction; 7) the construction and reconstruction of intersections; 8) the widening of existing streets; 9) bus turnouts; 10) acceleration and deceleration lanes; 11) interchanges; and 12) traffic control devices.

   TRIP: A one-way movement of vehicular travel from an origin (1 trip end) to a destination (the other trip end).

   TRIP, DIVERTED: A trip that is already on a particular route for a different purpose that simply diverts travel to a particular land use.

   TRIP GENERATION: The attraction or production of trips caused by a certain type of land development.

   TRIP, PASS BY: A trip that is already on a particular route for a different purpose that simply stops at another particular land use. (Ord. 208, 5-26-1998; amd. Ord. 554, 11-13-2018, eff. 12-4-2018)

   B.   Rules Of Construction: In the construction of this chapter, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest intent of the City. The rules of construction set out here shall not be applied to any section of this chapter which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section.

      1.   Generally: All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the City may be fully carried out. Terms used in this chapter, unless otherwise specifically provided, shall have the meanings prescribed by the Statutes of this State for the same terms.

      2.   Text: In case of any difference of meaning or implication between the text of this chapter and any figure, the text shall control.

      3.   Gender: Words importing the masculine gender shall be construed to include the feminine and neuter.

      4.   Month: The word "month" shall mean a calendar month.

      5.   Nontechnical And Technical Words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

      6.   Number: A word importing the singular number only, may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

      7.   Shall, May: The word "shall" is mandatory; "may" is permissive.

      8.   Tense: Words used in the past or present tense include the future as well as the past or present.

      9.   Written Or In Writing: The term "written" or "in writing" shall be construed to include any representation of words, letter or figures whether by printing or otherwise. (Ord. 208, 5-26-1998)

The City Council has determined that arterial and collector roads within the City shall operate at a level of service C. Arterial and collector roads shall be identified by the arterial and collector road map adopted by the City Council. These arterial and collector roads shall be referred to as the major road network, a copy of which is indicated in section 9-12-11, exhibit A of this chapter. (Ord. 208, 5-26-1998)

   A.   Fee Obligation, Determination; Payment Of Fees:

      1.   Upon enactment of this chapter, any person or government body who commences any traffic generating land development activity shall be obligated to pay a transportation impact fee, pursuant to the terms of this chapter. If any credits are due pursuant to section 9-12-7, "Credits", of this chapter, they shall also be determined at that time. The fee shall be determined at the time of issuance of a building permit for the development and paid prior to the issuance of a certificate of occupancy. The fee shall be computed separately for the amount of development covered by the permit, if the building permit is for less than the entire development. If the fee is imposed for a traffic generating land development activity that increases traffic impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new traffic generating land development activity and the existing traffic generating land development activity. The obligation to pay the impact fee shall run with the land.

      2.   Any person who, prior to the effective date of this chapter, agreed as a condition of development approval to pay transportation impact fees, shall be responsible for the payment of the fees under the terms of any such agreement, and the payment of such fees by the developer will be offset against any impact fees due pursuant to the terms of this chapter.

   B.   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.   All development exempted by Nevada Revised Statutes section 278B.010 et seq.

      2.   Alterations or expansion of an existing building where no additional dwelling units are created, the use is not changed, and where no additional vehicular trips will be produced over and above that produced by the existing use.

      3.   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.

      4.   The replacement of a destroyed or partially destroyed building or structure with a new building or structure of 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.

   C.   Establishment Of Fee Schedule:

      1.   Any person who initiates any new traffic generating land development activity, except those persons preparing an independent fee calculation study pursuant to section 9-12-6, "Independent Fee Calculation Study", of this chapter, shall pay an impact fee in accordance with the fee schedule set forth herein, prior to the issuance of a certificate of occupancy. An expanded list of specific land uses, to be used in conjunction with the impact fee schedule, is provided in section 9-12-11, exhibit B of this chapter.

      2.   If a building permit is requested for mixed uses, then the fee shall be determined according to the fee schedule by apportioning the space committed to uses specified on the fee schedule.

      3.   If the type of traffic generating land development activity for which a building permit is requested is not specified on the fee schedule or in the expanded land uses provided in section 9-12-11, exhibit B of this chapter, the City shall determine the fee on the basis of the fee applicable to the most nearly comparable type of land use on the fee schedule. The City shall be guided in the selection of a comparable type of land use by:

         a.   Using trip generation rates contained in the most current edition of the report titled "Trip Generation: An Informational Report" prepared by the Institute of Transportation Engineers (ITE), articles or reports appearing in the ITE Journal, or studies or reports done by the U.S. Department of Transportation, Nevada Department of Transportation, or the Regional Transportation Commission of Clark County, and applying the formula set forth in subsection 9-12-6B of this chapter; or

         b.   Computing the fee by use of an independent fee calculation study as provided in section 9-12-6, "Independent Fee Calculation Study", of this chapter. (Ord. 208, 5-26-1998; amd. Ord. 289, 7-17-2003)

   TABLE 7

   IMPACT FEE COST PER UNIT

 

(Ord. 554, 11-13-2018, eff. 12-4-2018)

   D.   Predevelopment Review Impact Fee Calculation: Any person contemplating establishing a traffic generating land development activity may request a preliminary determination of the impact fees due from such development. A person requesting a predevelopment review impact fee calculation shall complete and submit to the City a proper application form and the applicable application fee. Using the information regarding the proposed traffic generating land development activity as submitted on the application, the City will provide, within fifteen (15) days of the date of submittal of the completed application and payment of the applicable fee, a preliminary calculation of the transportation impact fees due for the proposed traffic generating land development activity. (Ord. 208, 5-26-1998; amd. Ord. 289, 7-17-2003)

   A.   General:

      1.   The impact fee may be computed by the use of an independent fee calculation study at the election of the fee payer or upon the request of the City.

      2.   The preparation of the independent fee calculation study shall be the responsibility of the electing party.

      3.   Any person who requests to perform an independent fee calculation study shall pay an application fee for administrative costs associated with the review and decision on such independent fee calculation study.

   B.   Formula:

      1.   The independent fee calculation study for the regional road impact fee shall be calculated by the use of the following formula:

 

 

      2.   The fee calculation shall be based on data, information, or assumptions contained in this chapter or independent sources; provided, that:

         a.   The independent source is an accepted standard source of transportation engineering or planning data or information; or

         b.   The independent source is a local study on trip characteristics carried out under the direction of a registered engineer in the State pursuant to an accepted methodology of transportation planning or engineering; or

         c.   The percent primary trips factor used in the independent fee calculation study is based on actual surveys prepared by the City.

   C.   Procedure:

      1.   The City shall determine the sufficiency and completeness of an application for an independent fee calculation study.

      2.   After receipt of a sufficient and complete application for an independent fee calculation study, the City shall, pursuant to the standards in subsection D of this section, determine the amount of the impact fee to be paid.

   D.   Standards: If on the basis of generally recognized principles of impact analysis it is determined the data, information and assumptions used by the fee payer to calculate the independent fee calculation study satisfies the requirements of this section, the fee determined in the independent fee calculation study shall be deemed the fee assessed for the proposed traffic generating land development activity. If the independent fee calculation study fails to satisfy the requirements of this section, the fee applied shall be that fee established for the traffic generating land development activity in subsection 9-12-5C of this chapter.

   E.   Appeal Of Independent Fee Calculation Study Decision:

      1.   A fee payer affected by the administrative decision of the City on an independent fee calculation study may appeal such decision to the City Council, by filing a written notice of appeal with the City within ten (10) days of the date of the written decision, and a written statement specifying the basis of the appeal. The City shall place any properly noticed appeal on the agenda of the next regular City Council meeting after the date the appeal is filed with the City, so long as that does not violate the notice requirements of Nevada Open Meeting Law or any other notice statute or rule, in which case the appeal will be agendized so as not to violate any notice requirements of statute or rule.

      2.   At the conclusion of the appeal hearing, the City Council may affirm, modify or reverse the decision of the City. In making its decision, the City Council shall make written findings of fact and conclusions of law, and apply the standards in subsection D of this section. If the City Council modifies or reverses the decision of the City, it shall direct the City to recalculate the fee in accordance with its findings. (Ord. 208, 5-26-1998; amd. Ord. 237, 5-9-2000, eff. 6-16-2000; Ord. 289, 7-17-2003; Ord. 340, 5-23-2006, eff. 6-15-2006; Ord. 427, 5-26-2009, eff. 6-18-2009; Ord. 478, 12-10-2013, eff. 12-31-2013; Ord. 554, 11-13-2018, eff. 12-4-2018)

   A.   General Standards:

      1.   Any person initiating traffic generating land development activity may apply for credit against transportation impact fees otherwise due, up to but not exceeding the full obligation for impact fees proposed to be paid pursuant to the provisions of this chapter, for any contributions, construction, or dedication of land accepted or received by the City for nonsite related road capital improvements that are identified on the TCIP.

      2.   Credits for contributions, construction or dedication of land for nonsite related capital improvements included on the TCIP shall be transferable within the same development, but shall not be paid for other public facilities. The credit shall not exceed the amount of the impact fees due and payable for the proposed traffic generating land development activity, unless specifically provided in a capital contribution front ending agreement.

      3.   The City may enter into a capital contribution front ending agreement with any person initiating traffic generating land development activity who proposes to construct nonsite related road capital improvements that are identified in the TCIP. To the extent that the fair market value of the construction of these road capital improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this section, the capital contribution front ending agreement shall provide for credits that can be applied against impact fees that would otherwise be due on other projects, subject to such limitations as may be spelled out in the agreement.

   B.   Credit Against Fees: Credit shall be in an amount equal to fair market value of the land dedicated for right-of-way at the time of dedication, the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made to the City. Transferable credits created pursuant to a capital contribution front ending agreement shall be expressed in terms of service units.

   C.   Procedure For Credit Review:

      1.   The determination of credit shall be by application submitted to the City Administrator.

      2.   If the proposed application involves a credit for any contribution, the following documentation must be provided:

         a.   A certified copy of the development approval in which the contribution was agreed;

         b.   If payment has been made, proof of payment; or

         c.   If payment has not been made, the proposed method of payment.

      3.   After receipt of a sufficient and complete application for credit, the City shall, pursuant to the standards in subsection A of this section, determine if any credit is due, and its amount.

   D.   Appeal Of Credit Decision: A fee payer affected by the decision of the City regarding credits may appeal such decision to the City Council in the same manner and subject to the same appeal procedures and requirements as provided in subsection 9-12-6E1 of this chapter. At the conclusion of the appeal hearing, the City Council may affirm, modify or reverse the decision of the City based on the standards in subsection A of this section. If the City Council modifies or reverses the decision of the City, it shall direct the City to readjust the credit in accordance with its findings. (Ord. 208, 5-26-1998)

The area encompassed within the boundaries of the City is hereby designated as the service area for the imposition of transportation impact fees and the collection and expenditure of funds under the provisions of this chapter. (Ord. 208, 5-26-1998)

   A.   Establishment Of Fund: There is hereby established the transportation impact fee fund (hereinafter "fund") for the purpose of ensuring that fee payers receive sufficient benefit for transportation impact fees paid.

   B.   Deposit In Fund/General Requirements For Fund:

      1.   All transportation impact fees collected by the city pursuant to this chapter shall be immediately deposited in the fund.

      2.   Any proceeds in the fund not immediately necessary for expenditure shall be invested in an interest bearing account. All income derived from these investments shall be retained in the fund until transferred for expenditure. Records of the fund accounts shall be available for public inspection in the city clerk's office, during normal business hours.

   C.   Limitations On Expenditures: The expenditure of funds shall be recommended by the capital improvements advisory committee on an annual basis and shall be approved by the city council. The expenditure of impact fee funds shall be limited to those capital improvement projects included in the TCIP. For the purpose of determining whether impact fee funds have been spent or encumbered, the first fees collected shall be considered the first monies spent or encumbered. (Ord. 208, 5-26-1998)

   A.   Failure To Expend Fees Within Appropriate Time: Upon application to the city by an owner of record of land for which an impact fee has been collected pursuant to this chapter, the city shall refund the applicable fee paid, and any interest and income earned on the fee by the city, if:

      1.   The city did not begin construction of the capital improvement or facility expansion within five (5) years of collecting the fee; or

      2.   The city did not spend the fee, or any portion thereof, for the purpose for which it was collected within ten (10) years after the date it was collected.

   B.   Completion Of Capital Improvements:

      1.   The city shall, upon the completion of the capital improvement or facility expansion identified in the TCIP, 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.

      2.   If the impact fee based on the cost or recalculated cost is less than the impact fee paid, the local government shall refund the difference, and any interest and income earned by the city, if the actual costs are known, or, if estimates are used, the difference, and any interest and income earned by the city, if it exceeds the imposed impact fee by more than ten percent (10%).

   C.   Procedure For Refund Of Fees: A written impact fee refund application must be submitted to the city within one hundred eighty (180) days of the completion of the project. Upon receipt of a written refund application, the city will review the refund application and issue a written decision concerning the application in accordance with the provisions of this section and this chapter.

   D.   Appeal Of Refund Decision: A fee payer affected by the administrative decision regarding refunds may appeal such decision to the city council in the same manner and subject to the same procedures and requirements as provided in subsection 9-12-6E1 of this chapter. At the conclusion of the appeal hearing, the city council may affirm, modify or reverse the decision of the city based on the standards in this section. If the city council modifies or reverses the decision of the city, it shall direct the city to readjust the refund in accordance with its findings. (Ord. 208, 5-26-1998)

The TCIP and this chapter shall be reviewed and evaluated at least every three (3) years, to determine if any modifications need to be made to the TCIP and/or this chapter. This review shall be conducted by the city and the capital improvements advisory committee and submitted to the city council. Before any modifications of the TCIP or this chapter are final, they shall be approved by the city council. The city council may, at its discretion, direct the city and capital improvements advisory committee to review or consider modifications to the TCIP and this chapter at any time. (Ord. 208, 5-26-1998)

   Exhibit A

   REGIONAL ROAD IMPACT FEE SERVICE AREA

   Exhibit B

   EXPANDED LIST OF LAND USES BY LAND USE CATEGORY

RESIDENTIAL

Single-family detached

Mobile home on individual lot

Mobile home subdivision

One or two (2) detached dwelling units on individual lot

Multi-family

  Two (2) or more attached dwelling units, including:

Boarding house

Condominium

Duplex

Townhouse

Mobile home

Mobile home park

Hotel/motel

Casino hotel

Hotel

   Motel

OFFICE

General Office

  General offices and office buildings including:

   Accounting offices

   Architect

   Financial offices

   Government offices

   Insurance office

   Laboratories

   Law offices

   Public utility office

   Real estate

   Recording studio

Medical office

   Dentist office

   Medical clinic

   Urgent care

   Veterinary clinic

COMMERCIAL

General Commercial

  Shopping centers and freestanding commercial buildings, including:

   Adult entertainment

   Amusement park

   Auto, truck, mobile home and/or RV sale/rental

   Bakery

   Bar/cocktail lounge

   Barbershop

   Beauty salon

   Bowling alley

   Car wash (coin operated)

   Car wash (operator)

   Clothing store

   Drive-in theater

   Drug/variety store

   Dry cleaning

   Electronics sales and service

   Fitness center

   Freestanding automated teller machine

   Furniture store

   Grocery store

   Heavy equipment sales/service

   Ice cream parlor

   Jeweler

   Kennel

   Laundromat (coin operated)

   Massage, tattoo, body painting, etc.

   Office supplies

   Parking structure

   Pawnshop

   Pet grooming

   Pet store

   Plant nursery

   Pool/billiard parlor

   Record store

   Restaurant (sit down)

   Savings and loan

   Service station

   Shoe repair

   Shopping center

   Skating rink

   Tailor

   Taxidermy

   Video arcade

   Video rental

   Walk-in bank

   Walk-in theater

Drive-in bank

   Bank with drive-through window

Convenience store

   Convenience store with or without pumps

   Service station with convenience market

Fast food restaurant

   Restaurant (fast food and/or drive-through)

INDUSTRIAL

General industry (light)

   Abattoir and packing plant

   Auto body

   Auto painting

   Auto repair

   Equipment rental

   Heavy equipment repair/service

   Industrial laundry

   Material testing labs

   Power stations

   Publishing or publishing and printing

   Tire repair and sales

   Truck terminal

Manufacturing

   Chemical processing/manufacturing

   Dairy products

   Furniture manufacturer

   Lumber mill

   Textile mill

Warehousing

   Distribution warehouse

   Outdoor storage

   Storage warehouse

   Wrecking/salvage yard

Miniwarehouse

   Ministorage warehouse development

INSTITUTIONAL

Daycare center

   Childcare center

   Daycare center

   Kindergarten

Hospital/clinic

   Hospital

   Mental institution

   Psychiatric hospital

Nursing home

   Convalescent center

   Nursing home

Church

   Church

   Synagogue

RECREATIONAL

Golf course

   Golf course

Park

   Public park

   Public swimming pool

(Ord. 208, 5-26-1998)