An agreement for the development of land as authorized by Nevada Revised Statutes 278.0201 through 278.0207 et seq., may be approved as is set forth in this chapter. (Ord. 603, 11-1-2018)

   A.   Agreement Requirements: Any owner, developer, or other person, party, or corporation authorized by Nevada Revised Statutes 278.0201 desiring to enter into an agreement with the County for the development of land must:

      1.   Prepare a brief statement summarizing the proposed provisions and justification of such development agreement for review by the Board prior to submission of a formal application with the Director; and

      2.   Submit a complete application for a land development agreement based on the direction and recommendations of the Board with the Director.

   B.   Proposal Of Land Development Agreement: The application must be accompanied by a proposed land development agreement addressing those matters which are authorized by the Nevada Revised Statutes to be addressed in agreements for the development of land, and such other documentation and/or materials as required by the Director.

   C.   Contents Of Agreement:

      1.   Consistent with Nevada Revised Statutes 278.0201(2)(a) the development agreement must:

         a.   Describe the land which is the subject of the agreement;

         b.   Specify the duration of the agreement;

         c.   Specify what events will constitute breach of the agreement; and

         d.   Provide periods during which any breach may be cured.

      2.   Should Nevada Revised Statutes 278.0201(2)(a) and the required items identified, above be determined to be different, the requirements within Nevada Revised Statutes 278.0201(2)(a) shall prevail.

      3.   The development agreement may contain (if applicable) provisions specifying or relating to:

         a.   The permitted uses of the land, the density or intensity of the use of the land, and the maximum height and size of any proposed buildings;

         b.   Provisions for the reservation or dedication of any portion of land for public use or the payment of fees in lieu thereof;

         c.   Protection of environmentally sensitive lands;

         d.   Preservation and restoration of historic structures;

         e.   The phasing or timing of construction or development on the land, including, without limitation, the dates on which all or any part of the construction or development must commence and be completed, and the terms on which any deadline may be extended;

         f.   The conditions, terms, restrictions and requirements for infrastructure on the land and the financing of the public infrastructure by a person having a legal or equitable interest in the land;

         g.   The conditions, terms, restrictions and requirements for annexation of land by the County and the phasing or timing of annexation by the County;

         h.   The conditions, terms, restrictions and requirements relating to the intent of the Board to include the land in an improvement district created pursuant to chapter 271 of Nevada Revised Statutes;

         i.   Require the land developer to make any and all improvements as required by the Board, the department, and/or other County departments. Said improvements shall be completed by the developer at his own expense and within the specified time. In addition, the agreement may require the developer to secure his promise to make improvements by providing a bond, cash deposit, or other approved security;

         j.   A schedule of fees and charges; and

         k.   Any other matters relating to the development of the land. (Ord. 603, 11-1-2018)

   A.   The application and proposed agreements shall be reviewed by the District Attorney and all other local and State governmental entities which have jurisdiction over the development.

   B.   Upon completion of the review of the proposed agreement, the proposed agreement for development of land shall be submitted to the commission for a public hearing set and noticed as prescribed in chapters 9 and 10 of this title.

   C.   The commission shall prepare a recommendation to the Board whether to accept, reject or conditionally accept the agreement for the development of land. (Ord. 603, 11-1-2018)

   A.   Upon receiving a recommendation from the commission on a proposed development agreement, the Board shall hold a public hearing. The hearing shall be set and notice given as prescribed in chapters 9 and 10 of this title.

   B.   Following the closing of a public hearing, the Board shall determine if the development agreement is consistent with the findings contained within section 15.110.05 of this chapter. If determined to be consistent, the Board shall introduce an ordinance adopting the development agreement.

   C.   Following introduction, a second reading shall be held and based on the testimony provided at the hearing, the ordinance shall be adopted, denied or continued. (Ord. 603, 11-1-2018)

Prior to taking an action to approve a development agreement, the Board shall find as follows:

   A.   The proposed development agreement conforms to the maps and policies of the master plan and any applicable specific plan.

   B.   The proposed development agreement complies with the requirements of Nevada Revised Statutes.

   C.   The proposed development agreement is consistent with this title and all other applicable codes and ordinances.

   D.   The proposed development agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public and that provisions have been included to address the completion or phasing of improvements as well as provisions to address abandonment of the project.

   E.   The proposed development agreement provides clear and substantial benefit to the residents of the County. (Ord. 603, 11-1-2018)

The Board shall review all approved development agreements at least once every twenty four (24) months to determine whether the applicant, or successor in interest, is demonstrating good faith compliance with the terms of the agreement. The ongoing review of a development agreement shall cease at the completion of construction per the approved project plans. (Ord. 603, 11-1-2018)

Any amendment to an approved development agreement shall be reviewed and adopted pursuant to the procedures outlined in this chapter for a new application. (Ord. 603, 11-1-2018)