Chapter 18.240
MITIGATION OF ADVERSE IMPACT
Sections:
18.240.020 Determination of direct impacts.
18.240.030 Mitigation of direct impacts.
18.240.040 Voluntary payment agreements as alternatives to dedication and improvements.
18.240.010 Purpose.
(1) It is the purpose of this chapter to provide alternatives for prospective developers of land within this city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for impacts including, but not limited to, impacts upon the public health, safety and general welfare, for open spaces, drainage ways, streets, other public ways, parks, playgrounds, and sites for schools and school grounds.
(2) For purposes of this chapter the term “development” shall include, but not be limited to, subdivision approval, short subdivision approval, site plan approval and the issuance of any building permit related to the foregoing. [Ord. 2006-17 § 1, 2006.]
18.240.020 Determination of direct impacts.
(1) Before any development is given the required approval or is permitted to proceed, the review authority shall determine all impacts, if any, that are a direct consequence of the proposed development and which require mitigation, considering but not limited to the following factors:
(a) Predevelopment versus post development demands upon city streets, drainage facilities, parks, playgrounds, recreation facilities, schools, police services, and other municipal facilities or services;
(b) Likelihood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development;
(c) Size, number, condition and proximity of existing facilities to be affected by the proposed development;
(d) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development;
(e) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements;
(f) Any significant adverse environmental impacts of the proposed development;
(g) Consistency with the city’s comprehensive plan;
(h) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development;
(i) Appropriateness of financing necessary capital improvements by means of local improvement districts;
(j) Whether the designated capital improvement furthers the public health, safety or general welfare;
(k) Any other facts deemed by the review authority to be relevant.
(2) The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. [Ord. 2006-17 § 1, 2006.]
18.240.030 Mitigation of direct impacts.
(1) The review authority shall review an applicant’s proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. Such developments will not be approved by the review authority until provisions have been made to mitigate identified direct impacts that are consequences of such development.
(2) The methods of mitigating identified direct impacts required as a condition to any development approval may include, but are not limited to, dedication of land to any public body and/or off-site improvements. [Ord. 2006-17 § 1, 2006.]
18.240.040 Voluntary payment agreements as alternatives to dedication and improvements.
(1) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision or plat, the city may approve a voluntary payment agreement with the developer; provided, however, no such agreement shall be required as any condition of approval, and any such agreement shall be subject to the following provisions:
(a) The review authority must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact.
(b) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified direct impact.
(c) The payment shall be expended in all cases within five years of collection, unless otherwise agreed to by the developer and approved by his legal advisor due to the unique circumstances involved.
(d) Any payment not so expended shall be refunded to the property owners of record at the time of the refund with interest at the rate applied to judgments at the time of the refund. However, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest; provided, property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interests of providing the designated capital improvement or any other capital improvement identified by the property owner.
(2) Further, at the time a developer enters into a voluntary agreement pursuant to this chapter, the developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and/or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the Clark County assessor’s office and shall be binding on subsequent owners. [Ord. 2006-17 § 1, 2006.]