Chapter 20.400
DEVELOPMENT AGREEMENTS
Sections:
20.400.010 Purpose.
20.400.020 General provisions.
20.400.030 Action by board.
20.400.040 Required findings for approval.
20.400.050 Ongoing review.
20.400.060 Amendments to approved development agreements.
20.400.010 Purpose.
This chapter provides procedures and requirements for the consideration
of development agreements for the purposes specified in and as authorized by
NRS 278. (Ord. 763, 1996) 
20.400.020 General provisions.
All development agreements filed with the county shall be in compliance
with the following:
A. Only a qualified applicant may file an application for a development
agreement. A qualified applicant is a person who has a legal or equitable interest
in the real property which is the subject of the development agreement, or an
authorized agent of a person who has a legal or equitable interest. The director
may require an applicant to submit a title report or other evidence satisfactory
to the department to verify the applicant’s interest in the real property and
of the authority of the agent to act for the applicant.
B. An application for a development agreement may be filed concurrently
with any other applications having a direct relationship to the property which
is the subject of the proposed agreement.
C. An application for a development agreement shall be made on a form
provided for that purpose by the community development department, along with
the required fee and deposit established by the board.
D. A draft of the proposed development agreement along with the required
number of copies and any other required submittal materials must be submitted
along with the application. The agreement shall be in the county approved form.
Any changes to the f orm proposed by the applicant must be italicized or underlined.
E. The community development department may require additional information
to enable the board to determine whether the development agreement is consistent
with the objectives of the adopted master plan and any applicable specific plan.
(Ord. 763, 1996; Ord. 509, 1989)
20.400.030 Action by board.
A. Upon receiving a recommendation from the community development department
on a proposed development agreement, the board shall hold a public hearing.
The hearing shall be set and notice given as prescribed in chapter 20.20. The
hearing may be continued.
B. Following the closing of a public hearing, the board shall determine
if the development agreement is consistent with the findings contained within
chapter 20.400.040. 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. 763, 1996; Ord. 509, 1989)
20.400.040 Required findings for approval.
Prior to taking an action to approve a development agreement, the board
shall find as follows:
A. The proposed development agreement conforms with the maps and policies
of the master plan and any applicable specific plan.
B. The proposed development agreement complies with the requirements of
NRS.
C. The proposed development agreement is consistent with the consolidated
development code 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. 763, 1996; Ord. 509, 1989)
20.400.050 Ongoing review.
The board shall review all approved development agreements at least once
every 24 months to determine whether the applicant, or successor in interest,
is demonstrating good faith compliance with the terms of the agreement. This
review process may require the submittal of an application form and materials
as established by resolution. (Ord. 763, 1996; Ord. 509, 1989)
20.400.060 Amendments to approved development
agreements.
Any amendment to an approved development agreement shall be reviewed
pursuant to the procedures outlined in this chapter for a new application. (Ord.
763, 1996; Ord. 509, 1989)
