40.610.045    DEFERRAL OF IMPACT FEES FOR SINGLE-FAMILY HOUSING AND CONDITIONS FOR DEFERRAL.

A.    To defer the payment of impact fees, an application must be submitted prior to the issuance of either a single-family detached or attached residential building permit. Deferral of payment may only extend until scheduling of final building inspection by the county. For these purposes “attached single-family” shall be limited to common wall housing with no more than one (1) unit per legal lot.

(Amended: Ord. 2024-03-01)

B.    The amount of impact fees deferred shall be consistent with the provisions of Section 40.610.040. “Applicant” as defined in this section shall include an entity that controls the applicant, that is controlled by the applicant, or is under common control with the applicant.

(Amended: Ord. 2024-03-01)

C.    “Administrative fee” is defined as the processing/monitoring cost and interest cost to the county and school districts of deferring payments for up to eighteen (18) months. There will be no administrative fee for this program at this time.

(Amended: Ord. 2024-03-01)

D.    The applicant must submit an impact fee deferral application for each parcel to be developed. This application shall include:

1.    A covenant to Clark County promising to pay the deferred impact as a lien to be recorded with the Clark County Auditor against the property involved. The covenant shall be signed by all owners of the property, with signatures acknowledged, as required for a deed, and will encumber the property until the obligation is satisfied. The covenant will bind all successors in interest to the property owners, and will be subordinate to only one (1) mortgage for property purchase and dwelling construction. The applicant will be responsible to record the covenant, at their expense, and provide a recorded copy of the covenant before the applicant may obtain a building permit.

2.    The deferral period shall not exceed eighteen (18) months from issuance of the building permit, at which time any deferred impact fees shall be due.

3.    The number of lots eligible for deferral is limited to twenty (20) at any given time per applicant.

4.    Upon receipt of all deferred impact fees, Clark County shall execute release of the lien for the property. The property owner at that time shall be responsible for recording the release, at their expense.

5.    Clark County may institute foreclosure proceedings for delinquent but unpaid impact fees. For unpaid school impact fees, school districts may also institute foreclosure proceedings if Clark County has not done so within forty-five (45) days after receiving notice from the district requesting initiation of such proceedings.

(Added: Ord. 2016-12-07; Amended: Ord. 2024-03-01)