such acreage on case by case basis if there is an affirmative recommendation from the petroleum Engineer expert consultant employed by the County, the Board or from the Planning and Zoning Commission, to accommodate a transfer of development rights not to exceed (2) acres in total size. O. Development Agreement 1. The Applicant shall provide a draft development agreement between the County and the Applicant for an Oil and Gas floating zone development approval. The development agreement shall contain sections regarding the development and use of the property, and all implementation actions required to be performed by the Applicant including, but not limited to impact fees, exactions, dedication, establishment of improvement districts or provision of other funds needed to obtain land, construct public facilities or provide services by the Applicant to meet the adequate public facilities, environmental, public nuisance and other standards of the Ordinance. 2. The County may agree, where appropriate, in consideration of such implementation, to vest development use, density or intensity during the entire approval process up to the granting of a Certificate of Completion, vary a provision of the Development Design Guidelines or refrain from adopting new regulations affecting the initial or subsequent phases of the development. 3. The purpose of this Section is to: (a) provide a mechanism for the County and owners or lessees of oil and gas projects to form agreements, binding on all parties, regarding vesting, development, financing and land use of the Oil and Gas project; (b) promote land development regulation by allowing the County to adopt development agreements that include terms, conditions, and other provisions that may not otherwise be able to be mitigated or implemented without the use of a development agreement; (c) promote stability and certainty in Oil and Gas regulation by providing for the vesting of rights in the approved project and for the mutual enforceability of development agreements by all parties; (d) provide a procedure for the adoption of such agreements that ensures the participation and comment of the public and elected officials; (e) provide a partial mechanism for the financing of all capital facilities and public services as provided for in this Ordinance; and
such acreage on case by case basis if there is an affirmative recommendation from the petroleum Engineer expert consultant employed by the County, the Board or from the Planning and Zoning Commission, to accommodate a transfer of development rights not to exceed (2) acres in total size. O. Development Agreement 1. The Applicant shall provide a draft development agreement between the County and the Applicant for an Oil and Gas floating zone development approval. The development agreement shall contain sections regarding the development and use of the property, and all implementation actions required to be performed by the Applicant including, but not limited to impact fees, exactions, dedication, establishment of improvement districts or provision of other funds needed to obtain land, construct public facilities or provide services by the Applicant to meet the adequate public facilities, environmental, public nuisance and other standards of the Ordinance. 2. The County may agree, where appropriate, in consideration of such implementation, to vest development use, density or intensity during the entire approval process up to the granting of a Certificate of Completion, vary a provision of the Development Design Guidelines or refrain from adopting new regulations affecting the initial or subsequent phases of the development. 3. The purpose of this Section is to: (a) provide a mechanism for the County and owners or lessees of oil and gas projects to form agreements, binding on all parties, regarding vesting, development, financing and land use of the Oil and Gas project; (b) promote land development regulation by allowing the County to adopt development agreements that include terms, conditions, and other provisions that may not otherwise be able to be mitigated or implemented without the use of a development agreement; (c) promote stability and certainty in Oil and Gas regulation by providing for the vesting of rights in the approved project and for the mutual enforceability of development agreements by all parties; (d) provide a procedure for the adoption of such agreements that ensures the participation and comment of the public and elected officials; (e) provide a partial mechanism for the financing of all capital facilities and public services as provided for in this Ordinance; and
MORA%20COUNTY%20OIL%20AND%20GAS%20ORDINANCE%20Draft%20%20RHF%204-21-18%20%20Revisions%20%20from%20%20Workshop%20Comments%20%5ELLN.docx