White Pine County Unincorporated
City Zoning Code

The purpose of a development agreement shall be to protect, ensure, and promote the health, safety, morals, and general welfare of the residents of White Pine County. (Ord. 453, 2014)

   A.   The development agreement shall be approved by the White Pine County board of county commissioners and shall be between White Pine County and the property owner proposing development.

      1.   A development agreement may be approved by the board of county commissioners contingent on acquisition of title to the property in question if evidence is provided that the property transaction is in escrow.

      2.   If the property in question is public land, the board of county commissioners may approve a development agreement contingent on completion of the public environmental review process and action by state or federal government conveying rights for the use of the land if evidence is provided showing that the draft environmental review documents have been released for public review. (Ord. 453, 2014)

   A.   The development agreement shall include:

      1.   Description of the land to be developed including, but not limited to, the legal description and map.

      2.   Duration of the agreement.

      3.   The maps must show the physical features and land uses of the project area, both before and after construction of the proposed project; the project area boundaries; the location, height and dimensions of all existing and proposed structures and fencing including building elevations; existing topography of the site; and water bodies, waterways, wetlands and drainage channels.

      4.   Permitted uses of the land, the density or intensity of its use including, but not limited to:

         a.   Residential projects. The total number of residential units and anticipated population that will reside on the property;

         b.   Commercial and industrial projects (including energy generation and transmission projects). The total number of businesses occupying the property, anticipated employment, and anticipated average daily use of the property;

         c.   Protective covenants and restrictions;

         d.   Anticipated tax revenue to be realized by the state of Nevada and White Pine County as a result of the development project;

         e.   Anticipated duration of construction, number of construction employees, and number and type (by size and weight) of construction vehicles that will be accessing the site;

         f.   The average daily vehicular traffic by number and type of vehicle during operation/occupancy of the property.

      5.   Potential impact to natural resources including, but not limited to, water resources, air quality, visual resources, cultural resources, wildlife, and soils and erosion.

      6.   Provisions for dedication of any portion of the land for public use.

      7.   Period within which construction must commence and provisions for extension of the deadline. (Ord. 453, 2014)

   A.   Decision To Require A Development Agreement For A Development Project:

      1.   Development Project Requiring A Land Use Action:

         a.   When an application is received for any land use action including a zone change, special use permit, variance, or tentative subdivision map, the process for evaluation of the application will include a recommendation from the planning commission and building and planning department to the board of county commissioners on whether a development agreement is advisable.

         b.   The decision on the land use action to approve, disapprove, or approve with special conditions by board of county commissioners may include a special condition that the approval of the action is contingent on an approved development agreement.

      2.   Development Project That Does Not Require A Land Use Action:

         a.   When an application is received for a building permit for a development project not requiring a land use action by the board of county commissioners, and the building and planning department determines that the size and scope of the project may warrant a development agreement, the building and planning department may request a review by the county commission.

         b.   The building and planning department will prepare a findings of fact demonstrating how the proposed development project may impact county infrastructure and services. The findings of fact will be provided to the applicant in writing via certified mail no more than ten (10) business days from receipt of the application and the recommendation will be considered at the next regularly scheduled county commission meeting. If the decision is to pursue a development agreement, the building and planning department may process the building permit application and render a decision contingent on an approved development agreement.

   B.   Criteria For Requirement Of A Development Agreement For A Development Project:

      1.   The criteria for requirement of a development agreement for a development project shall be based on:

         a.   Need to protect, ensure, and promote public health, safety, morals and general welfare of the residents of White Pine County;

         b.   If the project may result in potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment.

      2.   Availability of and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities.

      3.   The board of county commissioners must determine if the proposed development project is consistent with the recommendations of the county's master plan.

      4.   Specific consideration shall be given to whether the proposed development project is of such size and scope that existing public infrastructure and/or services cannot accommodate increased population, traffic, demand for public utilities, and demand for public services.

   C.   Procedure For Evaluation Of Conditions To Be Set Forth In The Development Agreement For A Development Project:

      1.   Within ten (10) business days of a decision to pursue a development agreement, the building and planning department shall distribute copies of the application to federal, state, and local public entities and utilities including, but not limited to: White Pine County's road department, sheriff's office, fire and emergency medical departments and affected volunteer fire and emergency medical services, and the community and economic development department; White Pine County school district; Nevada department of transportation; Mt. Wheeler Power; general improvement districts providing water and sewer services; the county engineer; and the engineer for the city of Ely.

      2.   Comments on potential impact shall be collected from the affected entities within thirty (30) days of the decision to pursue a development agreement. Comments will be forwarded to the White Pine County finance department for a fiscal analysis.

      3.   Within forty five (45) days of the decision to pursue a development agreement, the building and planning department shall convene a meeting of the representatives of the affected departments, the White Pine County finance department, a representative of the district attorney's office, a representative of the board of county commissioners, a representative of the White Pine County planning commission, and the property owner and his or her representatives to review the comments, fiscal analysis, analysis of impact on natural resources, and need for affordable and accessible housing, and develop a draft terms for the development agreement to present to the board of county commissioners.

      4.   The draft terms for the development agreement shall be placed on the agenda for the next regularly scheduled meeting of the board of county commissioners for initial review. If the draft terms are not approved by the board of county commissioners, they will be referred to the building and planning department for further refinement and submitted to the county commission for approval.

      5.   Once approved by the board of county commissioners, the draft terms for the development agreement will be referred to the district attorney's office to draft an ordinance outlining the terms of the development agreement.

         a.   Approval Of The Development Agreement: The county commission may approve the development agreement in ordinance form through the process prescribed in Nevada Revised Statutes 244.100.

         b.   Recordation: Once approved the development agreement will be recorded with the office of the White Pine County recorder. Once recorded the development agreement binds all parties and their successors in interest for duration of the development agreement. (Ord. 453, 2014)

   A.   The board of county commissioners may extend the original deadline for construction to commence.

      1.   Property owner must submit an application for extension including:

         a.   An affidavit showing that due diligence has been used to obtain financing for the residential, commercial, or industrial project and the affidavit must include evidence that the project was denied financing by at least two (2) lenders or the person was unable to issue bonds or other securities to finance the project.

         b.   If the project is a renewable energy project, that the land will be leased for a renewable energy generation project.

      2.   The development agreement must not be extended for more than fifteen (15) years after the original deadline.

      3.   If the proposed project is a renewable energy project on leased land, the time extension must specify the maximum duration of the period for which the agreement will remain valid if the land is no longer leased for a renewable energy generation project.

      4.   Regulations set forth in Nevada Revised Statutes 278.0201 sections 5 through 9 apply to changes in ordinances, resolutions, and regulations adopted by the governing body after approval of the ordinance establishing the development agreement for the land in question. (Ord. 453, 2014)

   A.   The development agreement for development of the land may be amended or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest.

   B.   The board of county commissioners must determine that any amendment to the development agreement is consistent with the White Pine County master plan.

   C.   If the county commission determines, upon a review of the development of the land at least once every twenty four (24) months, that the terms or conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.

   D.   Notice of the intent to amend or cancel any portion of the agreement must be given by publication in a newspaper of general circulation in White Pine County.

   E.   A certified copy of any amendment or cancellation of the development agreement must be recorded in the White Pine County recorder's office. (Ord. 453, 2014)

The decision of the White Pine County commission is a final decision for the purpose of judicial review. An applicant or other person aggrieved by a decision of the White Pine County commission may appeal that decision to the district court of White Pine County by filing a petition for judicial review within twenty five (25) days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in Nevada Revised Statutes 278.0235.

Appeal of a decision to deny a development agreement or the terms of the development agreement for a renewable energy generation or transmission project shall follow the procedures set forth in Nevada Revised Statutes 278.26506. (Ord. 453, 2014)