The purpose of this chapter is to comply with the terms of the Clark County multiple species habitat conservation plan and its corresponding implementing agreement, which has been approved and adopted by the board of county commissioners.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

As used in this chapter, the following terms shall have the following meanings:

DEVELOPMENT PERMIT: An on site or off site permit issued by the city of Boulder City which authorizes the development of a parcel of land which has not previously been improved in accordance with all applicable city ordinances, including, but not limited to, building permits and grading permits for construction activities. Demolition permits and temporary power permits do not constitute a development permit.

IMPLEMENTING AGREEMENT: That certain document entitled Clark County multiple species habitat conservation plan and implementing agreement, approved by the board of county commissioners on July 18, 2000, and the Boulder City council on October 10, 2000.

INCIDENTAL TAKE PERMIT: The permit, effective as of February 1, 2001, issued by the secretary of interior pursuant to section 10(a)(1)(B) of the federal endangered species act of 1973, 16 USC section 1539 which incorporates by reference the multiple species habitat conservation plan and implementing agreement and allows the incidental taking of threatened or endangered species in the course of otherwise lawful activities.

MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP): The Clark County multiple species habitat conservation plan, approved by the board of county commissioners on June 15, 1999, and the Boulder City council on July 13, 1999, and as thereafter approved and modified.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

A.

Except as provided in section 11-43-4 of this chapter, applicants for development 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 off site improvements. All applicants for a development permit shall complete a land disturbance/mitigation fee form prior to issuance of the permit. No development permit shall be issued or approved without the payment of the applicable mitigation fees required by this chapter. The purpose of this fee is to allow the applicant, by certificate of inclusion, to comply with the federal endangered species act through the incidental take permit issued to Clark County. Fees collected are used to implement the terms of the incidental take permit.

B.

For activities which require a development permit, the city of Boulder City and any other nonfederal governmental agency are not exempt from the payment of the MSHCP mitigation fee or the submittal of the land disturbance/mitigation fee form.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

A.

Applicants for the following types of development shall not pay a 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 city, 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 and wildlife service. Such lands are not covered by or subject to the incidental take permit referenced in this chapter.

4.

Disturbance or development of land previously improved in accordance with applicable city ordinances or previously improved while under the jurisdiction of the federal government.

B.

Applicants for a development permit who have paid per acre fees pursuant to section 11-43-7 of this chapter 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 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 off site improvements in section 11-43-7, "Fee Administration", of this chapter the applicant shall pay the difference between five hundred fifty dollars ($550.00) per acre and the amount per acre paid in section 11-43-7, "Fee Administration", of this chapter. These acres shall be covered by and subject to the incidental take permit.

2.

If an applicant paid five hundred fifty dollars ($550.00) or more per gross disturbed acre or any portion thereof located within the parcel as well as the area disturbed by related off site improvements in section 11-43-7, "Fee Administration", of this chapter 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.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

All applicants for development permits shall, prior to issuance thereof, complete a land disturbance/mitigation fee form furnished by the Boulder City community development department. The land disturbance/mitigation fee form must be complete, signed by the applicant for the development permit and contain at a minimum, the following information: the assessor's parcel number, the number of acres within the parcel and the area disturbed by related off site improvements, and the amount of mitigation fees actually paid.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

All applicants for development permits who are required to submit a land disturbance/mitigation fee form shall pay processing fees of twenty five dollars ($25.00) per residential development permit and fifty dollars ($50.00) per commercial development permit to the Boulder City community development department.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

A.

All MSHCP mitigation fees collected pursuant to the provisions of this chapter shall be provided to Clark County and deposited into a 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.

B.

MSHCP mitigation fees shall not be waived nor refunded.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)

A.

All persons, firms or entities located within Clark County which engage in any activity covered pursuant to the Clark County multiple species habitat conservation plan, including, but not limited to, residential and commercial development, agriculture, mining, grazing and off highway vehicle activities, must comply with the applicable provisions of the incidental take permit to be included, by certificate of inclusion, for coverage under the incidental take permit.

B.

All persons, firms or entities, their agents and employees, which comply with the provisions of this chapter are hereby permitted to incidentally take any species for which the United States fish and wildlife service has issued the incidental take permit so long as such person, firm or entity has complied and continues to comply with the applicable provisions of the incidental take permit.

C.

All persons, firms or entities which are not required to pay the MSHCP mitigation fee pursuant to the terms of this chapter, but which are otherwise in compliance with the applicable provisions of the incidental take permit, are hereby permitted to incidentally take any species covered by the incidental take permit.

D.

The certificate of inclusion that allows a person, firm or entity to comply with the federal endangered species act through the incidental take permit, including the incidental take of species listed in the incidental take permit, shall be immediately revoked, without further action or notice, in the event such person, firm or entity ceases to be in compliance with subsection A, B or C of this section.

(Ord. 1518, 2-11-2014, eff. 3-6-2014)