40.620.030    School Impact Fee – Capital Facilities Plan

Clark County will collect school impact fees on behalf of any school district whose capital facilities plan has been adopted as a portion of the Clark County comprehensive plan in accordance with the provisions of this section.

A.    Plan Submittal.

    A school district requesting impact fees shall submit to the county, and update at least every four (4) years, a capital facilities plan adopted by the school board and consisting of the following elements:

1.    A “standard of service” which identifies the program year, class size by grade span, number of classrooms, types of facilities, and other factors identified by the school district;

2.    The district’s “capacity” over the next six (6) years based upon an inventory of the district’s facilities either existing or under construction and the district’s standard of service;

3.    A forecast of future needs for school facilities based upon the district’s enrollment projections;

4.    At least a six (6) year financing plan component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels;

5.    Application of the formula set out in Section 40.620.040 based upon information contained in the capital facilities plan. Separate fees shall be calculated for single-family and multifamily types of dwelling units, based upon the student generation rates determined by the district for each type of dwelling unit. If insufficient information is available for a district to calculate a multifamily student generation rate, a county-wide average shall be utilized. For purposes of this section, duplexes shall be treated as single-family dwellings.

(Amended: Ord. 2010-12-12; Ord. 2018-10-02)

B.    Planning Commission Review.

    The planning commission shall review a school district’s capital facilities plan or plan update in accordance with the provisions of this subsection.

1.    Factors. The planning commission shall consider:

a.    Whether the district’s forecasting system for enrollment projections appears reasonable and reliable; and

b.    Whether the anticipated level of state and voter-approved funding appears reasonable and historically reliable; and

c.    Whether the standard of service set by the district is reasonably consistent with standards set by other school districts in communities of similar socioeconomic profile; and

d.    Whether the district appropriately applied the formula set out in Section 40.620.040.

2.    Public Hearing. In the event the district or the planning commission on its own motion proposes to modify the school impact fee, the planning commission shall not make its recommendation until holding a duly advertised public hearing on the proposal.

3.    Recommendation. The planning commission may request a school district to review and to resubmit its capital facilities plan or update consistent with the provisions of this section. The planning commission shall submit an annual report to Council for each school district for which school impact fees are collected.

(Amended: Ord. 2018-10-02; Ord. 2019-05-07)

C.    Council Action.

    No new or revised school impact fees shall be effective until adopted by Council following a duly advertised public hearing to consider the school district’s capital facilities plan or plan update. School impact fees shall not become effective until the school district has entered into interlocal agreement provided for in Section 40.630.090.

(Amended: Ord. 2018-10-02; Ord. 2019-05-07)