The developer of any land within the 1996 mesquite land act and the 1999 mesquite land act ("the subject property"), is required to enter into an environmental development plan ("EDP") with the city to ensure adverse affects of construction and occupancy on the Virgin River species have been considered and resolved prior to construction proceeding on such land. Any such environmental development plan will address the following concerns:
A. Any taking of the Virgin River species in and around the Virgin River will only be incidental to otherwise lawful activities and subject to a lawful permit issued by the FWS;
B. The developer of any land within the subject property will, to the maximum extent possible, minimize and mitigate the impacts of any construction and development upon the Virgin River species in and around the Virgin River;
C. The developer of any land within the subject property and other persons holding a valid permit from the FWS will ensure that any incidental taking of any of the Virgin River species in and around the Virgin River will not appreciably reduce the likelihood of the survival and recovery of the Virgin River species in the wild; and
D. The developer of any land within the subject property will comply with all applicable requirements of the Clark County multiple species habitat conservation plan ("CCMSHCP") or, alternatively, with all applicable requirements of a habitat conservation plan ("HCP"), in cooperation with and approved by the FWS as being necessary for the purposes of protection of the Virgin River species. (Ord. 270, 7-29-2002)