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 Clark County
 Code of Ordinances
 Title 30. UNIFIED DEVELOPMENT CODE
 Appendix 30.80. Fees

  § 30.80.080. MSHCP Mitigation Fee.

Latest version.

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    a.

    When required by the provisions of Chapter 30.32 of this code and this section, all applicants for Land Disturbance Permits shall pay the MSHCP Mitigation Fee of five hundred fifty dollars ($550.00) per gross disturbed acre or any portion thereof located within the parcel as well as the area disturbed by related offsite improvements.

    b.

    Applicants for the following types of development shall not pay a MSHCP Mitigation Fee:

    1.

    Reconstruction of any structure damaged or destroyed by fire or other natural causes.

    2.

    Rehabilitation or remodeling of existing structures or existing off-site improvements.

    3.

    Disturbance of any lands, including lands conveyed from federal to private ownership, within the County, which are covered by and are subject to the terms and conditions of a separate habitat conservation plan and incidental take permit approved and issued by the United States Fish & Wildlife Service. Such lands are not covered by or subject to the Incidental Take Permit.

    c.

    Applicants for a Land Disturbance Permit who have paid per acre fees pursuant to Section 7 of the federal Endangered Species Act may be required to pay a portion of the MSHCP Mitigation Fee as follows:

    1.

    If an applicant paid less than $550 per gross disturbed acre or any portion thereof located within the parcel as well as the area disturbed by related offsite improvements in Section 7 fees, the applicant shall pay the difference between $550 per acre and the amount per acre paid in Section 7 fees. These acres shall be covered by and subject to the Incidental Take Permit.

    2.

    If an applicant paid $550 or more per gross disturbed acre or any portion thereof located within the parcel as well as the area disturbed by related offsite improvements in Section 7 fees, the applicant shall not pay the MSHCP Mitigation Fee for those acres. Those acres are not covered by or subject to the Incidental Take Permit.

    d.

    All applicants for Land Disturbance Permits who are required to submit a land disturbance/mitigation fee form described in subsection 30.32.040(a)(13)(B) shall pay processing fees of twenty-five dollars ($25) per residential Land Disturbance Permit and fifty dollars ($50) per commercial Land Disturbance Permit to the Clark County department which issues the Land Disturbance Permit.

    e.

    All MSHCP Mitigation Fees collected pursuant to the provisions of this Section and Chapter 30.32 of this code shall be deposited into the Special Reserve Fund. The Fund, including interest and other income which accrues thereto, shall be expended solely for the development and implementation of the terms of the Incidental Take Permit and any amendments thereto.

    f.

    MSHCP Mitigation Fees shall not be waived nor refunded except as specified in this Section. The Board shall consider each refund request and may order a refund of fees as provided in NRS 354.220 through NRS 354.250. Applicants who request refunds after submitting an application for a Land Disturbance Permit and then withdrawing it prior to the permit issuance may receive up to 80% of the MSHCP Mitigation Fee paid.

    (Ord. 3296 § 10, 2005; Ord. 3160 § 16 (part), 2004; Ord. 3085 § 64, 2004; Ord. 2677 § 1, 2001; Ord. 2602 § 3, 2001: Ord. 2482 § 19 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 4008, § 35, 3-6-2012; Ord. No. 4152, § 12, 11-20-2013)