NRS 278.0201
Agreement with governing body concerning development of land: Manner and contents

  • applicable ordinances, resolutions and regulations
  • restrictions on subsequent action by governing body.

1.

In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land.

2.

An agreement entered into pursuant to this section:

(a)

Must contain provisions:

(1)

Describing the land which is the subject of the agreement;

(2)

Specifying the duration of the agreement;

(3)

Specifying what events will constitute breach of the agreement; and

(4)

Providing periods during which any breach may be cured; and

(b)

May contain provisions specifying or relating to:

(1)

The permitted uses of the land;

(2)

The density or intensity of the use of the land;

(3)

The maximum height and size of any proposed buildings;

(4)

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

(5)

The protection of environmentally sensitive lands;

(6)

The preservation and restoration of historic structures;

(7)

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;

(8)

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;

(9)

The conditions, terms, restrictions and requirements for annexation of land by the city or county and the phasing or timing of annexation by the city or county;

(10)

The conditions, terms, restrictions and requirements relating to the intent of the governing body to include the land in an improvement district created pursuant to chapter 271 of NRS;

(11)

A schedule of fees and charges; and

(12)

Any other matters relating to the development of the land.

3.

Unless the agreement otherwise provides and except as otherwise provided in subsection 4, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

4.

This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.

Source: Section 278.0201 — Agreement with governing body concerning development of land: Manner and contents; applicable ordinances, resolutions and regulations; restrictions on subsequent action by governing body., https://www.­leg.­state.­nv.­us/NRS/NRS-278.­html#NRS278Sec0201.

278.010
Definitions. 278.011
“Building code” defined. 278.012
“Cities and counties” defined. 278.013
“Commission” and “planning commission” defined. 278.014
“County surveyor” defined. 278.015
“Governing body” defined. 278.016
“Local ordinance” defined. 278.017
“Parcel map” defined. 278.018
“Streets” defined. 278.019
“Tentative map” defined. 278.020
Regulation by governing bodies of improvement of land and location of structures for general welfare. 278.022
Restriction of adult motion picture theaters and bookstores: Declaration of legislative intent. 278.023
Enactment of separate zoning and planning ordinances for specific parts of territories. 278.0103
“Aboveground utility” defined. 278.0105
“Affordable housing” defined. 278.0107
“Average residential density” defined. 278.0115
“Building official” defined. 278.0125
“City surveyor” defined. 278.0135
“Common-interest community” defined. 278.0145
“Final map” defined. 278.0147
“Gaming enterprise district” defined. 278.0153
“Historic neighborhood” defined. 278.0155
“Improvement” defined. 278.0157
“Infrastructure” and “public facilities” defined. 278.0165
“Lot” defined. 278.0166
“Military installation” defined. 278.0167
“Mobile home park” defined. 278.0172
“Regional planning coalition” defined. 278.0173
“Renewable energy” defined. 278.0174
“Residential dwelling unit” defined. 278.0175
“Right-of-way” defined. 278.0177
“Rural preservation neighborhood” defined. 278.0185
“Subdivider” defined. 278.0191
“Undeveloped land” defined. 278.0193
“Used for residential purposes” defined. 278.0195
“Utility project” defined. 278.0201
Agreement with governing body concerning development of land: Manner and contents 278.0203
Agreement with governing body concerning development of land: Approval by ordinance 278.0205
Agreement with governing body concerning development of land: Amendment or cancellation 278.0207
Agreement with governing body concerning development of land: Recording of certified copy of ordinance adopting agreement. 278.0208
Prohibition against prohibiting or unreasonably restricting use of system for obtaining solar energy. 278.0209
Factory-built housing: Inclusion in definition of “single-family residence” 278.0211
Standards and specifications relating to school buildings in certain counties to be consistent and developed in conjunction with school district. 278.0213
Obstruction of outdoor advertising structures by certain improvement projects: Required action by governing body 278.0215
Nonconforming outdoor advertising structures: City or county to pay just compensation or authorize relocation if it requires removal or prohibits routine maintenance 278.0217
Certain documents to be retained by governing body or other entity that causes notices of hearing to be provided. 278.0221
Restriction of adult motion picture theaters and bookstores: Definitions. 278.0222
Restriction of adult motion picture theaters and bookstores: Authority of commission and governing body. 278.0226
Preparation of annual plan for capital improvements 278.0228
Governing body to develop and maintain water resource plan 278.0231
Requirement to place street address or identifying number on exterior of certain buildings 278.0232
Closure or conversion of mobile home park: Report required to be filed with planning commission or governing body. 278.0233
Actions against agency: Conditions and limitations. 278.0235
Actions against agency: Commencement. 278.0237
Actions against agency: Defenses 278.01735
“Renewable energy generation project” defined. 278.01902
“Tier one affordable housing” defined. 278.01904
“Tier three affordable housing” defined. 278.01906
“Tier two affordable housing” defined. 278.02053
Agreements with governing body concerning development of land: Public hearing required before unilateral amendment or cancellation by governing body 278.02073
Building permit for residential or commercial project: Extension of period of validity when financing is not available and land is leased for renewable energy generation project. 278.02075
Authority to establish urban agriculture zone 278.02076
Authority of governing body to designate historic neighborhood 278.02077
Prohibition against prohibiting or unreasonably restricting use of system for obtaining wind energy 278.02081
Mandatory consideration of certain standards and guidelines if governing body establishes committee or task force on sustainable energy. 278.02083
Prohibition against restricting right of owner to display United States flag on real property 278.02085
Amateur radio: Limitations on restrictions on amateur service communications 278.02095
Manufactured homes: Inclusion in definition of “single-family residence” 278.02313
Maintenance, reconstruction and repair of sidewalks: Circumstances under which governing body may compel action by owner of property. 278.02315
Inclusion of provisions for placement of recycling containers in plans for construction or major renovation of apartment complex or condominium. 278.02317
Governing body may not require dedication of real property as condition for issuance of building permit 278.02325
Conversion of existing mobile home park into individually owned lots: Restrictions governing body, commission or board may not impose as condition of approval. 278.02327
Application for matter relating to land use planning required to be complete for acceptance by governing body
Last Updated

Feb. 5, 2021

§ 278.0201’s source at nv​.us