30.16.206 Development Agreement.

Applications for a development agreement other than major projects shall be processed per Table 30.16-20.
Table 30.16-20    DEVELOPMENT AGREEMENT - AUTHORITY AND CONSIDERATION TABLE
SEE ALSO 30.16.210 for general process information and standards
a. Initiating Authority
Board, Property owner, any other Government Entity
b. Standards for
Acceptance
1. Issuance of RISE Report Acceptance Letter.
2. An application for a Development Agreement is not required if a public facilities needs assessment (PFNA) encompassing the property has been previously approved, unless the Board determines a development agreement is necessary to further address infrastructure and services not covered in the PFNA, and the development agreement has been agreed to and imposed as a condition of approval on a land use application.
3. A Development Agreement may be processed concurrently with, but not prior to a land use application for the proposed development, provided negotiations have commenced.
c. Document
Submittal
Requirements
Application form
Two (2) Development Agreements
Copy of RISE Report Acceptance Letter
Additional information may be required following review of submitted materials.
(See Section 30.16.240 for details)
d. Fee
Two thousand dollars ($2,000) Plus:
Two dollars ($2) per acre plus two dollars ($2) per parcel over one (1) parcel
Up to twenty (20) acres – Twenty five dollars ($25);
Twenty (20) to one hundred (100) acres – fifty dollars ($50)
More than one hundred (100) acres – one hundred dollars ($100)
e. Approximate Processing Time
Forty-five (45) calendar days, unless extended by mutual consent or for good cause
f. Application Process
Prior to development agreement submittal staff will meet with applicant and relevant departments and agencies to negotiate development agreement details. Negotiations may begin any time during the process. The application may be submitted for Board consideration after substantial elements of the development agreement have been resolved.
Hearing before the Board per 30.16.210
g. Notice
Posted notice, entity notice, city notice.
h. Recommending
Entities
Government Entities
(See 30.16.230 for detailed notice requirements)
i. Approval Authority
Board
j. Standards for Approval
Approval is contingent upon the Board determining that the development agreement is:
1. adequately addressing issues identified in the RISE reports;
2. a necessary and appropriate mechanism to facilitate development of the project;
3. consistent with the objectives, policies, general land uses and programs specified in the master plan;
4. compatible with uses authorized in, and regulations prescribed for, the zoning district in which the property is located and all other provisions of this Title;
5. not be detrimental to public health, safety and general welfare;
6. consistent with the provisions of NRS Chapter 278.
If approved, the agreement shall be adopted by ordinance in accordance with Nevada Revised Statutes.
k. Vesting of Rights
Any development agreement approved and adopted pursuant to this Chapter may allow the property owner to be vested for specific development rights only upon achieving specific progress thresholds. Such progress thresholds shall be based on contributions toward or construction of specific public or private improvements as specified in the agreement. The property owner or applicant shall acquire no vested rights other than those allowed in the agreement and as otherwise provided under applicable laws.
l. Time Limit if
Approved
As specified in the agreement. All agreements are subject to a 2 year review of the agreement.

(Ord. 3635 § 3 (part), 2008; Ord. 3549 § 3 (part), 2007; Ord. 3520 § 2 (part), 2007)