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A. For the purpose of this chapter, "sending site" means the portion of the parcel or parcels qualified under subsection B of this section. Sending sites must be a minimum of twenty (20) acres in size and may not be in public ownership. Other areas may be considered on a case by case basis during the site evaluation process if they are special sites with community benefit and are identified as such by the sending site review committee. Sending sites shall be maintained in a natural state, open space suitable for passive recreation, or in agriculture.
B. A sending site must have properties or characteristics that have a community benefit such as agriculture preservation, retention of surface water rights, water recharge, access and use by the public, military operations compatibility, and would be degraded by increased residential development. The development right of such sites would be used in areas that are better suited for development. A sending site must meet at least one of the following criteria:
1. Designation in the Churchill County master plan.
2. Be located within the NAS Fallon and associated ranges notification areas.
3. Designation in the Churchill County master plan as RR-20, A-10 or A-5, through either:
a. Existing zoning of the parcel(s), or
b. Identification of proposed rural or resource area or open space sites that meet the definition of open space, per Churchill County master plan.
4. Identification as habitat for federally listed endangered or threatened species in a written determination by Churchill County, Nevada, division of wildlife, United States fish and wildlife service, or a federally recognized tribe that the sending site is appropriate for preservation or acquisition.
5. Water recharge areas set aside for the benefit of Churchill County.
Other areas may be considered on a case by case basis during the site evaluation process if they are special sites with community benefit and are identified as such by the sending site review committee.
C. For the purposes of the TDR program, "acquisition" means obtaining fee simple rights in real property, or less than a fee simple right in a form that preserves, in perpetuity, the community benefit supporting the designation or qualification of the property as a sending site.
D. For parcels where the entire parcel or a portion of the parcel has been removed from irrigation, and/or stripped of vegetation within six (6) years prior to application as a TDR sending site as determined by the Planning Department, the sending site applicant must provide an affidavit of compliance with the dust control requirements of title 8, chapter 8.15 of this Code and any additional revegetation conditions of their dust permit. If a portion of the parcel has been cleared or graded without any dust permit, that portion shall not be qualified or certified as a TDR sending site for six (6) years, or until the site demonstrates sustainable, successful revegetation or profitable agricultural production. (Bill 2015-D, 2015: Bill 2007-I, 2007: Bill 2006-F, 2006)