NRS278.0201. Agreement with governing body concerning development of land: Manner and contents; extension of period for commencement of construction under certain circumstances; 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. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.

      2.  For an agreement entered into for the residential or commercial development of land, the governing body may extend, beyond the original deadline and beyond any extension of that deadline pursuant to subsection 1, the period within which construction must commence if the person:

      (a) Applies for an extension before July 1, 2013, subject to any applicable ordinances adopted by the governing body;

      (b) Demonstrates to the satisfaction of the governing body that:

             (1) Financing for the residential or commercial project is not available; and

             (2) The land will be leased for a renewable energy generation project; and

      (c) Submits with his or her application for an extension an affidavit showing that due diligence has been used to obtain financing for the residential or commercial project. The affidavit must include, without limitation, evidence that:

             (1) The project was denied financing by at least two lenders; or

             (2) The person was unable to issue bonds or other securities to finance the project.

      3.  An agreement must not be extended pursuant to subsection 2:

      (a) For more than 15 years after the original deadline or, if the deadline is extended pursuant to subsection 1, after that extension; or

      (b) If the land ceases to be leased for a renewable energy generation project, after the period established pursuant to subsection 4.

      4.  If a governing body extends a deadline pursuant to subsection 2, the governing body shall establish 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.

      5.  Unless the agreement otherwise provides and except as otherwise provided in subsection 7, 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.

      6.  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.

      7.  Notwithstanding the provisions of subsection 6, if the governing body extends a deadline pursuant to subsection 2, changes to ordinances, resolutions or regulations that:

      (a) Are made after the extension is granted; and

      (b) Enforce environmental, life or safety standards against land that the governing body determines are similar to the land for which an agreement was made pursuant to this section,

Ê apply to the land for which the agreement was made.

      8.  The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.

      9.  As used in this section, “environmental, life or safety standards” includes, without limitation:

      (a) Standards and codes relating to the usage of water; and

      (b) Any specialized or uniform code related to environmental, life or safety standards.

      (Added to NRS by 1985, 2114; A 1991, 582; 1997, 2419; 2009, 2281)