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This title shall be known and may be sited in all proceedings as the Carson City Division of Land, Subdivision of Land chapter.

(Ord. 2001-15 § 2 (part), 2001).

1.

The design, improvement, maps and sales of subdivisions are governed by the Planning and Zoning Act (Chapter 278 and 278A of Nevada Revised Statutes, hereinafter referred to as "NRS"), NRS 116, so far as is applicable, and the provisions of this title. The purposes of this title are to safeguard the public health, safety and general welfare by establishing certain additional standards of design, improvement, survey and development of subdivisions hereafter platted in Carson City in order to provide and insure the orderly and proper growth and development thereof.

2.

It shall be unlawful for any individual, firm, association, syndicate, copartnership, trust, or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell, or lease, or transfer any subdivision of land or any part thereof in Carson City, unless and until all the requirements hereinafter provided have been complied with.

(Ord. 2001-15 § 2 (part), 2001).

1.

The Carson City planning commission, referred to in this chapter as "the commission," is hereby designated the advisory agency charged with the duty of making investigations and reports on the design and improvements of all proposed subdivisions.

2.

When strict conformance to the requirements of this title is impracticable or impossible, the commission may allow such modifications as are not in violation of the spirit and purpose of this title. When such modifications or deviations are permitted, the commission shall submit with the report of the approved tentative plat, a report in writing to the board of supervisors, hereinafter referred to as "the board," stating in detail the nature of each such modification and the facts pertinent thereto.

3.

If the name of any street (as defined in Title 10) is duplicated elsewhere or by reason of spelling or pronunciation, is likely to cause confusion or uncertainty, another name shall be substituted. The continuation of every existing or dedicated street shall bear the name of the street so continued or extended.

4.

Dedications for watercourse channels, streams or creeks and the dedication of land for park, open space, recreation, school or other public purposes in an amount and location consistent with the master plan and any revisions thereto and proposed character and location and engineering need of each subdivision may be required as a condition precedent to tentative and final plat approval.

5.

All surveyed property shall submit the data in digital format on a 3 ½″ floppy disk or CD or other media. All surveys shall be done in the North American Datum 83/94 (NAD83) and tied to at least two (2) control points that are on the NAD83 coordinate system. All data turned in shall be on separate layers. The digital data submitted shall be the same data that is being recorded in the recorder's office and what is being submitted on paper with the surveyor's stamp, this would be the final map for recording.

(Ord. 2001-15 § 2 (part), 2001).

When used in this title the following words and phrases shall have the meanings set forth in this chapter.

(Ord. 2001-15 § 2 (part), 2001).

The term "subdivision" shall, for the purposes of this chapter, have the same definition as that provided in NRS 278.320.

(Ord. 2001-15 § 2 (part), 2001).

The term "owner" shall mean the individual, firm, association, syndicate, copartnership or corporation, having sufficient proprietary interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide the same under this title, while used herein in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number wherever required.

(Ord. 2001-15 § 2 (part), 2001).

The term "subdivider" shall mean a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or others.

(Ord. 2001-15 § 2 (part), 2001).

The term "tentative map" shall mean a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it and need not be based on an accurate or detailed final survey of the property.

(Ord. 2001-15 § 2 (part), 2001).

The term "final map" shall mean a map prepared in accordance with the provisions of the state law and this title which is designed to be placed on record in the office of the city recorder of Carson City.

(Ord. 2001-15 § 2 (part), 2001).

The term "improvement" means work and materials to be installed by the subdivider on the lands to be used for any highway, or any private ways and easements as are necessary for the general use of the lot owners in the subdivisions and traffic and drainage needs.

(Ord. 2001-15 § 2 (part), 2001).

The term "highway" shall have the definition provided in Title 10.

(Ord. 2001-15 § 2 (part), 2001).

The term "required area" shall mean a parcel or lot of land containing not less than the prescribed minimum area required by any subdivision, zoning or other regulation existing at the time of the creation of the lot and parcel and occupied or intended to be occupied by buildings.

(Ord. 2001-15 § 2 (part), 2001).

The term "lot" shall mean any distinct parcel or portion of real property divided with the intent to transfer ownership or for building development.

(Ord. 2001-15 § 2 (part), 2001).

The term "print" shall mean a blueprint, photostat, direct process print or other copy which reproduces exactly the original drawing from which made.

(Ord. 2001-15 § 2 (part), 2001).

The terms "city engineer," "planning and community development director," "utilities director," "commission" and "board" shall be those of or empowered to act for Carson City, or their designees. The "director" refers to the planning and community development director who is responsible for administration of this title.

(Ord. 2001-15 § 2 (part), 2001).

The term "wellhead protection area" means those areas or locations that are being managed by Carson City to protect groundwater resources. These areas are shown on maps available at the Carson City utilities department.

(Ord. 2001-15 § 2 (part), 2001).

The term "watershed protection area" means those watershed areas which are being managed by Carson City to protect both groundwater and surface water resources. These areas are shown on maps available at the Carson City utilities department.

(Ord. 2001-15 § 2 (part), 2001).

The term "planning commission" shall be known as the commission.

(Ord. 2001-15 § 2 (part), 2001).

The term "board of supervisors" shall be known as the board.

(Ord. 2001-15 § 2 (part), 2001).

1.

The Carson City planning and community development director, hereinafter referred to as "director," shall have authority to approve lot line adjustments or parcel maps or waive the requirement of a lot line adjustment or parcel map without further action by the commission or the governing body. The director shall have the authority to refer a parcel map to the commission. The city engineer may waive the requirement of a survey for a parcel map.

2.

The board declares pursuant to NRS 278.462(3) that in order to require reasonable improvements, including protection of Carson City's water resources in designated wellhead protection and watershed protection areas, but not more than would be required if the parcel map were a subdivision, the following requirements are imposed for second or subsequent parcel maps. Prior to approval and recordation of a second parcel map within 1 year approval and recordation of the first parcel map with respect to a single parcel or contiguous tract of land under the same ownership, the applicant shall file and receive approval of a tentative map and final public improvement plans in accordance with Carson City Municipal Code (CCMC).

(Ord. 2001-15 § 2 (part), 2001).

1.

Application and Review.

a.

All applications for parcel maps must be filed with the director on forms meeting all applicable submittal requirements. The applicant shall pay a fee including service charges as set by the board. The date of the payment shall be the application date.

b.

The applicant shall file the appropriate parcel maps with the director and required submittal information as determined by the director. Parcel map contents should comply with CCMC 17.06 and NRS 278.466, where applicable. All maps must show the location of existing structures, wells, septic tanks, and leach fields. If none exist, the maps shall so state.

c.

The applicant shall be required to provide proof that no taxes are delinquent on the subject property by submitting a certificate from the city treasurer's office.

d.

All appropriate materials must be signed and stamped by a registered land surveyor of the state of Nevada.

(Ord. 2008-2 § 2, 2008).

1.

Application and Review.

a.

All applications for lot line adjustments or the transfer of land between 2 adjacent property owners which do not result in the creation of any additional parcels, shall be submitted to the director for review and approval. Applications shall meet all submittal requirements. The applicant shall pay a fee as set by the board.

b.

Applicants for lot line adjustments shall submit a metes and bounds description, the appropriate number of maps and a record of survey of said parcels showing lot line dimensions, adjacent streets, north arrow, and the locations of all structures, wells, septic tanks, and leach fields.

c.

A record of survey is defined in NRS 278.469 and NRS 278.5693.3. A record of survey and additional materials must be signed and stamped by a registered land surveyor in the state of Nevada complying with NRS 278.461(3c), 278.469, 278.5693 and 278.5695.4.

d.

The applicant shall be required to prove that no taxes are delinquent on the subject property by submitting a certificate from the city treasurer.

e.

All lot line adjustments must be recorded within 120 days following approval.

1.

Application and Review.

a.

All applications for lot line deletions shall be submitted to the Carson City assessor's office. Lot line deletions which do not result in the creation of any additional parcels shall be forwarded to the director for review and approval. Applications shall meet all submittal requirements.

b.

Applications for lot line deletions shall be submitted with the appropriate number of maps and signatures from the appropriate utility companies.

c.

The applicant shall be required to prove that no taxes are delinquent on the subject property by submitting a certificate from the city treasurer.

d.

Lot line deletions must comply with NRS 278, where applicable.

e.

The applicant shall pay an appropriate fee as set by the board.

(Ord. 2008-2 § 4, 2008).

Applications for reversion to acreage maps shall be subject to all applicable provisions and requirements pursuant to NRS 278.490 and 278.4955 thru 278.4965 and shall be enforced by this section.

1.

All applications for a reversion to acreage map must be filed at the planning division on the appropriate forms meeting all applicable submittal requirements.

2.

The applicant shall file the appropriate copies of the reversion map. All maps must show, in addition to those requirements in NRS 278.4955, the location of existing structures, wells, septic tanks and leach fields. If none exists, the map shall state that.

3.

A record of survey and additional materials may be required to be signed and stamped by a registered land surveyor in the state of Nevada.

4.

The applicant shall pay a fee as set by the board.

5.

The director, within 30 days after submittal of a complete application and after review by the city engineer, may approve, conditionally approve or disapprove the application, or may refer it to the planning commission and board of supervisors for further action.

6.

A Map of reversion must include:

a.

A report from a title company which lists the names of:

(1)

Each owner of record of land; and

(2)

Each holder of record of a security interest in the land, if the security interest was created by a mortgage or a deed of trust.

b.

The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recording of the map of reversion. A holder of record of a security interest may consent by signing:

(1)

The map of reversion; or

(2)

A separate document that is recorded with the map of reversion and declares his consent to the reversion, if the map contains a notation that a separate document has been recorded to this effect.

c.

For the purpose of this section the following shall be deemed not to be an interest in land:

(1)

A lien for taxes or special assessments;

(2)

A trust interest under a bond indenture.

(Ord. 2008-2 § 5, 2008).

1.

All applications for a merger and resubdivision of land must be filed at the planning division on the appropriate forms meeting all applicable submittal requirements.

2.

The applicant shall pay a fee as set by the board.

3.

All applications for merger and resubdivision of land must comply with NRS 278.4925, 4955, 496 and 4965.

4.

All applications for merger and resubdivision of land must follow the same city approval process as the initial final map followed.

(Ord. 2008-2 § 6, 2008).

1.

All applications for division of land into large parcels must be filed with the director on appropriate forms and meeting all applicable submittal requirements. The applicant shall pay a fee as set by the board. The date of the payment shall be the application date. All requirements as per NRS 278.471 to 278.4725, inclusive, shall be enforced by this section.

2.

The applicant shall file the appropriate land division maps and application with the director. All maps must show, in addition to those requirements in NRS. 278.4713 and 278.472, the location of existing structures, wells, septic tanks, and leach fields. If none exist, the maps shall so state.

3.

All final maps will comply with CCMC, Chapter 17.06, where applicable.

(Ord. 2008-2 § 7, 2008: Ord. 2001-15 § 2 (part), 2001).

If the applicant disagrees with the recommendation of the commission, he may appeal to the board as provided in Chapter 18.02. (Appeals) of CCMC.

(Ord. 2001-15 § 2 (part), 2001).

1.

The initial step to be taken by the developer is to submit a conceptual plan to the director. The plan must include: maps and drawings showing proposed land uses and land use on adjacent property, location of existing buildings, proposed circulation, drainage, and topography. Also a tabulation of residential densities and proposed lot layout to determine if the proposed development conforms to the city master plan and subdivision ordinances.

Within 30 days after submission of the conceptual plan, the director shall meet with the applicant and review the proposal. The director shall determine whether the proposal conforms to the master plan and if it complies with applicable codes and laws.

2.

Following consideration of the conceptual plan, an application for tentative approval of a subdivision may be filed on behalf of the land owner. The application and required submittal information must be filed with the director and accompanied by fees as set by the board.

The appropriate number of prints shall be submitted on durable paper approximately 24 inches by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24 inch dimension. Scale must be large enough to show all details clearly. Each sheet must be numbered and the total number of sheets comprising the map must be stated on each of the sheets.

(Ord. 2008-2 § 8, 2008: Ord. 2001-15 § 2 (part), 2001).

1.

The application shall be considered by the commission, and the commission shall consider all evidence presented and shall make findings relative to the tentative map as are not inconsistent with CCMC (Title 18) and NRS 278.320 and shall transmit the findings as a recommendation to the board within 30 days.

2.

The commission shall recommend disapproval or conditional approval on every tentative map, if the map does not disclose full compliance with CCMC (Title 18) or NRS 278.320.

(Ord. 2001-15 § 2 (part), 2001).

Approval and recommendation by the commission of a tentative map shall impose no obligation on the board to approve the final map or to accept any public dedication shown thereon.

(Ord. 2001-15 § 2 (part), 2001).

Time limits shall be in accordance with NRS 278.349.

(Ord. 2001-15 § 2 (part), 2001).

1.

Filing fees shall be due and payable to Carson City as a prerequisite to the filing for a tentative map prior to any official consideration thereof as set by the board.

2.

No part of the filing fee will be refunded in the event that the tentative map is not approved or for any other cause.

(Ord. 2008-2 § 9, 2008: Ord. 2001-15 § 2 (part), 2001).

The application shall include the following information:

1.

The location and size of the site, the lot layout and the lot lines of the proposed development including a legal description of the land and the owner's interest in the land proposed to be developed by an affidavit of ownership.

2.

The density of land use to be allocated to parts of the site to be developed; a tabulation of the total land area and the percentage designed for the various uses.

3.

Show the location, size of any park land or common open space, and the form of organization proposed to own and maintain any common open space and amount of recreational improvements.

4.

Show the subdivision name, name and address of the subdivider and engineer, and date of map. Revised sheets shall show the revision date.

5.

Show the proposed circulation pattern including the design of all public and private streets, name and width of streets, and the location of adjoining streets.

6.

Indicate the provisions for sidewalks and/or bike path system.

7.

Show adjacent subdivisions or land uses that affect the proposal.

8.

Show number, size and use of proposed parcels. Blocks and parcels are to be numbered consecutively and the dimensions of parcels are to be indicated.

9.

Provide a preliminary grading plan meeting the development standards requirements, showing all cuts, fills and retaining walls.

10.

Provide a topographic map with contour intervals of 2.5 feet for slopes of less than 10 percent and 5 feet for slopes of greater than 10 percent. The location of natural features including trees may be required.

11.

Show the layout of water, sewer and storm drains.

12.

Provide a soils report, including soil types, seasonal high water table, and percolation rates.

13.

North arrow and scale, all sheets to be numbered.

14.

Show location of existing buildings.

15.

Indicate building setbacks.

16.

Show areas not a part of the subdivision and so designate.

17.

An indication of the type of water system to be used, its water sources, and engineering data on fire flows.

18.

Indicate the quality of the water to be supplied to the development.

19.

Provide an erosion control plan, including stream protection, road drainage erosion prevention, prevention of untreated discharge to streams.

20.

Indicate solid waste provisions.

21.

An indication of the method of sewage disposal to be used and the area of disposal.

22.

Provide a map showing a 100 year floodplain, as determined by FEMA flood insurance maps or recognized methods, for those areas subject to flooding and showing possible earthquake fault lines through the proposed development.

23.

The development/map shall be described by 40 acre subdivision, section, township, and range.

24.

Show a master plan for potential development of the property under the ownership or control of the developer in the area of the proposed development.

25.

In the case of plans which call for development over a period of years, a phasing map and a schedule showing the proposed times within which applications for final approval of all sections of the development are intended to be filed. Any change in the phasing plan shall be approved by the director.

26.

The applicant shall be required to prove that no taxes are delinquent on the subject property by submitting a certificate from the city treasurer to this effect.

(Ord. 2001-15 § 2 (part), 2001).

1.

Not less than 30 days prior to the submittal of any final map for action by the board the subdivider shall submit 3 prints of the final map and 1 copy of the closure calculations to the director, along with all documents required as conditions of tentative map approval and a letter from the applicant requesting placement on the board agenda. A fee as set by the board shall cover the administrative costs of review and processing of the application. 2 prints of the submittal shall be forwarded to the city engineer, who shall check the map as to accuracy of dimensions, placing of monuments, establishment of survey records, and conformance with the approved tentative map. If any errors or omissions are found on the prints of the final map submitted to the city, the map shall be returned to the subdivider or his engineer for correction and shall not be submitted for board approval until such errors and omissions are corrected. The final map shall be submitted to the director not less than 7 days prior to board approval in order that the director may obtain the signatures of city officials.

2.

Data concerning construction plans, estimates of quantities, appropriate financial security meeting the requirements of the city shall also be required by the city when the situation warrants.

3.

In addition to other fees and charges as required by law, the subdivider shall pay a checking fee as set by the board. Such fee shall be due and payable at the time the final map is presented for checking to the director.

4.

Upon completion and checking by the city engineer and director, the original map shall be submitted to the director. The director will then request the final map be placed on the next available board agenda for final approval. The board may approve the map by fixing an affidavit on the original map and directing it to be recorded and entered as a legal document in the records of Carson City.

5.

The board shall refuse any final map approval when a report of error is made and shall continue to refuse to approve until all deficiencies are resolved.

(Ord. 2008-2 § 10, 2008: Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The city recorder shall collect the fee required by NRS 278 for recording a final plat.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

A final map, prepared in accordance with the tentative map, for the entire area for which the tentative map has been approved or the first of a series of final maps covering a portion of the approved tentative map must be approved by the Board for recording within four (4) years after the approval of a tentative map unless a longer time is provided for in an approved development agreement with the City. If the subdivider elects to present a successive map in a series of phased final maps, the successive final map must be approved by the Board within two (2) years of the recording of the preceding final map. The Board may grant an extension of not more than two years for any successive final map after the two-year period for presenting a successive final map has expired. Failure to obtain Board approval of a final map or any phase thereof within these time limits terminates all proceedings, requiring an entirely new Tentative Map submittal.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

(Ord. No. 2009-19, § I, 8-20-2009; Ord. No. 2011-17, § I, 10-6-2011)

The entire final map shall be clearly and legibly drawn or stamped in permanent ink upon good tracing linen or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. Each sheet shall be 24 inches by 32 inches in size. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of 1 inch at the bottom, top, and right edge and 2 inches at the left side on the 24 inch dimension. The exterior boundary of land included within the subdivision shall be indicated by a graphic border.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Title to dedicated properties shall pass when the final subdivision plat is recorded. Parcel maps and PUDs need separate instrument. If, at the time any highways are rejected, offer of dedication shall be deemed to remain open and the governing body may, by resolution, at any later date and without further action by the subdivider, rescind its action and open highways for public use, which same shall be recorded in the official city records.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Every final map shall show all data required for the tentative map, except contour lines, position of buildings, relationship of highways beyond the area shown on the map and the proposed use of lots, and shall contain, in addition, the following data:

1.

The map shall show all details clearly with the necessary information for the intelligent interpretation of the items and location of points, lines, and areas shown. All highways, streets, drives, walks, alleys, bikepaths, open space, parks, easements, and such other matters as may be required by the city engineer, must be designated and be definitely established with bearings and distances. The subdivision plat shall show bearings and lengths of all lines and the radius, central angle, length of curve, and tangent length for all curved lines. The calculated closures shall be mathematically exact to the nearest one-hundredth foot, and to a one-second angle. The scale shall be shown. Lettering shall be a minimum 0.1 inch. Ties shall be made to USCG control points, or Nevada State Coordinate System points established by the Nevada Department of Transportation (NDOT) or other engineers, whenever these controls are available. The map scale shall not be smaller than 100 feet to 1 inch.

2.

The location and description of monuments or other evidence found upon the ground and used in determining the boundaries of subdivisions. The exterior boundary of the land included within the subdivision shall be indicated by graphic border and all land within said boundary and boundaries not a part of the subdivision shall be marked "Not a Part." If other subdivisions adjoin, the map shall show sufficient corners of such, adequately identified to locate precisely the limits of the proposed subdivision.

3.

The title of the final map shall be the name of the subdivision map as it appears on the approved tentative map, with all conditions satisfied, and shall be shown together with the scale used on each sheet of the final map and the number of the sheet to the total.

4.

If any portion of the land within the boundaries of the final map is subject to flooding, inundation, storm flow conditions, geologic hazard or other hazard, the land so affected shall be clearly marked by a prominent note on each sheet.

5.

A statement indicating whenever private covenants affecting the subdivision are to be recorded.

6.

NRS 278.372 states that the map shall show the area of lots in acres if 2 acres or over and in square feet if less than 2 acres.

7.

All revised sheets shall show the revision date.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The following certificates and acknowledgments shall appear on the final map and may be combined when appropriate:

1.

A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map.

2.

A certificate signed and acknowledged as above, offering to dedicate for certain specified public uses those certain parcels of land which the parties desire so to dedicate.

3.

A certificate by the surveyor responsible for the survey and final map, giving the date of the survey and stating that the survey was made by him or under his direction and that the survey is true and complete as shown, and bearing his registration number and seal.

4.

A certificate by the city engineer stating that he has examined the final map, that all provisions of law have been met, and that he is satisfied that the map is technically correct.

5.

A certificate for execution by the city clerk stating that the city has approved the map and accepted (or deferred) on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.

6.

A certificate of the director that the map conforms to the approved tentative map, and that all conditions imposed upon such approval have been satisfied.

7.

Proper certificates of a notary public, authorized to do business in the state of Nevada, as required.

8.

Certificate of an authorized employee of the Health Division of the State Department of Health, Welfare, and Rehabilitation, indicating feasibility of a proper and adequate sewage disposal system and domestic water supply system.

9.

Division of Water Resources Concerning Water Quantity certificate per NRS 278.377(b).

10.

A certificate of title or policy of title insurance issued by a title company authorized by the laws of Nevada, that the map has been examined and that the subdivider offering the same is the owner of all lands so delineated, with the exception of dedicated highways shown to be abutting the land so delineated on the map.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The board may, by unanimous vote, disapprove any tentative or final map, notwithstanding prior approval by the commission or any approval by the board of any tentative map.

(Ord. 2007-33 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

In considering parcel maps, planned unit developments and tentative subdivision maps the director shall consider the following:

1.

Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal.

2.

The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.

3.

The availability and accessibility of utilities.

4.

The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks.

5.

Access to public lands. Any proposed subdivision that is adjacent to public lands shall incorporate public access to those lands or provide an acceptable alternative.

6.

Conformity with the zoning ordinance and land use element of the city's master plan.

7.

General conformity with the city's master plan for streets and highways.

8.

The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision.

9.

The physical characteristics of the land such as flood plains, earthquake faults, slope and soil.

10.

The recommendations and comments of those entities reviewing the subdivision request pursuant to NRS 278.330 thru 278.348, inclusive.

11.

The availability and accessibility of fire protection including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires including fires in wild lands.

12.

Recreation and trail easements.

(Ord. 2001-15 § 2 (part), 2001).

The board 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.

(Ord. 2001-15 § 2 (part), 2001).

The development agreement must:

1.

Describe the land which is the subject of the agreement;

2.

Specify the duration of the agreement;

3.

Specify the permitted uses of the land, the density or intensity of the land use, and the maximum height and size of any proposed buildings;

4.

Include provisions for dedication of any portion of land for public use;

5.

Fix the period within which construction must commence and provide for an extension of that deadline; and

6.

Require the land developer to make any and all improvements as required by the board, the development engineering services department, planning and community development, or other city departments. Said improvements shall be completed by the developer at his own expense and within the specified time. In addition, the agreement may require the developer to secure his promise to make improvements by providing a bond, cash deposit, or other approved security.

(Ord. 2001-15 § 2 (part), 2001).

1.

Filing fees as established in Title 18 shall be due and payable to Carson City as a prerequisite to the filing for a development agreement or development agreement amendment prior to any official consideration thereof as set by the board.

2.

No part of the filing fee will be refunded in the event that the development agreement or development agreement amendment is not approved or for any other cause.

(Ord. No. 2013-28, § I, 11-7-2013)

1.

The board may, if it finds that the provisions of the development agreement are consistent with Carson City's master plan, approve the agreement by ordinance.

2.

Within a reasonable time after approval of the agreement, the city clerk shall cause the original agreement to be filed with the Carson City recorder for recording.

3.

Upon recordation, the agreement binds all parties and their successors in interest for the duration of the agreement.

4.

A certified copy of the board's ordinance adopting the development agreement and any amendments thereto must be recorded in the office of the Carson City recorder.

(Ord. 2001-15 § 2 (part), 2001).

A development agreement may be amended or canceled in accordance with the provisions set forth in NRS 278.0205.

(Ord. 2001-15 § 2 (part), 2001).

1.

Deferred improvement agreement.

2.

Participation agreement.

a.

City paying portion of cost of improvements.

b.

City paying for oversizing or additional capacity.

3.

Reimbursement agreement.

a.

Sewer line.

b.

Water line.

(Ord. 2001-15 § 2 (part), 2001).

In order that the public health, safety and general welfare of the residents of Carson City be furthered in an era of increased urbanization, growing demand for housing of all types and desire for attractive commercial and industrial developments, there is enacted an ordinance controlling planned unit developments. The purpose of the ordinance codified in this chapter, in addition to the above, is to encourage more efficient use of the land and of public and private services in Carson City; to reflect the changes in technology of land development so the resulting economies benefit Carson City, and to preserve or provide open space, protect natural, cultural and scenic resources, minimize road building and encourage stable, cohesive neighborhoods offering a mix of housing types.

It is the intention of this chapter to produce developments which meet or exceed the city standards of open space, access to light and air, pedestrian and vehicular circulation and produce a variety of land uses which complement each other and harmonize with the existing and proposed land uses in the vicinity. Additionally, this chapter insures increased flexibility of substantive regulations over land development and that is administered in such a way as to encourage land development without undue delay, while controlling development in the best interests of the ecology, economy, public health, safety, morals, and general welfare of the citizens of Carson City.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

"Board" means Carson City board of supervisors.

2.

"Commission" means Carson City planning commission.

3.

"Director" means the director of the planning division or his designee.

4.

"Landowner" means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 30 years, or another person having an enforceable proprietary interest in such land is a landowner for the purposes of this chapter.

5.

"Plan" means the provisions for development of a planned unit development, including a plan of land division, all covenants relating to use, location, and size of buildings and other structures, intensity of use or density of development, private streets, sidewalks, bike paths, and parking facilities, private and common open space, and public facilities and utilities. The phrase "provisions of the plan" means the written and graphic materials referred to in this chapter.

6.

"Planned unit development" means an area of land controlled by a landowner, which is to be developed as a single entity for a number of dwelling, commercial, and/or industrial units, the plan for which does not correspond in lot size, height, or size of dwelling, density, lot coverage, and required open space of the regulations established in any one use district created, from time to time, under the provisions of any zoning ordinance enacted pursuant to law.

7.

"Zero lot line home" means a single-family detached residence with a zero or reduced setback on 1 or more property lines.

(Ord. 2007-14§ 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

Uses permitted in a residential planned unit development are limited to the following:

a.

Any residential family dwelling unit, including mobilehomes provided they are used as a single-family residence and each unit is located on a separate lot or parcel of land and on a permanent foundation, and including a variety of housing types including, but not limited to, detached or attached single-family homes with a variety of lot configurations and setbacks, townhouses, cluster units, condominiums and zero lot line homes.

b.

Parks, playgrounds, swimming pools and other recreational areas.

c.

Non-residential buildings and structures if designed and used for the development as clubhouses, social halls, laundry, storage and utility facilities.

d.

Recreational vehicle and boat storage accessory to a residential use.

e.

Streets and parking areas.

None of the above shall be used or operated as a business, except as temporary tract sales offices and approved home occupations, but shall be used only in connection with the overall development of the planned unit development.

2.

Uses authorized in commercial and industrial planned unit developments shall be limited to permitted uses within the underlying zoning district.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The construction and development of all approved amenities, including open space and support facilities shall occur no later than the construction or development of 25 percent of the dwelling units.

Phased construction and development of approved amenities and support facilities may be authorized at the time of tentative approval.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

The maximum residential density of a planned unit development shall be determined by the underlying zoning classification and shall be calculated by multiplying the gross area of the site by the following density formula:

If the above formula results in a fraction of 0.5 or above, it shall be rounded off to the next highest whole number. If the fraction is less than 0.5, it shall be rounded off to the next lowest whole number.

If the density of the proposed development exceeds the factor described above for the underlying zoning classification or if the placement of mobilehomes is contemplated in a zone other than a mobilehome zone, then a zoning map amendment is required as part of the planned unit development application.

2.

The maximum lot density (amount of total gross square footage of the commercial or industrial use) of a commercial or industrial planned unit development can be increased up to 25 percent.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

In order to provide an expeditious method for processing a tentative planned unit development under the terms of this chapter and to avoid the delay of securing of approvals by a multiplicity of local procedures with regard to the division of land, zoning map amendment, and regulations otherwise applicable to the property, it is, therefore, declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit development be applied for under a single application.

The processing of a planned unit development is completed in 3 stages. Stage 1 is the preliminary review of the conceptual plan. Stage 2 is the application for tentative approval of a planned unit development to the commission and approval by the board. Stage 3 is final approval of the planned unit development by the city.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The initial step to be taken by the developer is to submit general conceptual plans to the planning division. The plan shall include: maps and drawings showing proposed land uses and land use on adjacent property, location of existing and proposed buildings and parking areas, proposed circulation, drainage water and sewer systems and existing topography. Also, an indication of residential densities, a schedule of development, and any additional information which may be required to determine if the proposed development conforms to the city master plan, the planned unit development ordinances and objectives.

Within 30 days after submission of the conceptual plan, the planning division staff shall meet with the applicant and review the proposal. The director shall determine whether the proposal conforms to the master plan and if it complies with all applicable codes.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

An application for tentative approval of a planned unit development shall be filed by or on behalf of the landowner. The application shall be filed with the planning division on forms approved by the division and accompanied by the payment of all applicable fees. Neither the board, commission, nor any city department shall undertake a review of the proposed development until all fees have been paid in full and the complete application package has been received.

2.

The planning division, after submittal of the complete package, shall circulate for review and comment the proposed development plans. These plans will be reviewed by city, state, and federal agencies for compliance with applicable laws. The agencies shall then respond, in written form, as to the conditions to be imposed upon the proposed development. These comments and conditions will be incorporated into the staff report and relayed to the landowner prior to the public hearing before the commission.

3.

The complete application package must contain the fee payment, the application form, the appropriate number of prints, and informational booklets. The term "print" shall mean a blueprint, which is reproduced exactly from the original drawing. Print size shall be 24 by 32 inches with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 0.5 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension for tentative maps and final improvement plans. Print size for final plat maps shall be 24 by 32 inches with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension. Maps shall be of scale large enough to show clearly all details. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.

4.

The prints and informational booklets shall include the following criteria:

a.

A map showing the location and size of the project site, all public utility easements, and the lot layout and lot line dimensions. A legal description of the land described by 40 acre subdivision, section, township, and range; and the landowner's interest in the land proposed to be developed by an affidavit of ownership; a north arrow, scale, and all sheets numbered.

b.

The density of the land to be developed and described in terms of units per acre (gross and net buildable areas); and a tabulation of the total land area and the acreage and percentages designed for the various uses.

c.

A topographic map with contour intervals of 2.5 feet for slopes of less than 15 percent and 5 feet for slopes of 15 percent or greater, identifying areas with 15 percent or greater slope, areas with 33 percent or greater slope and areas identified as "skyline" on the adopted Carson City skyline map; the location of natural features, including trees, may be required, the proposed grading plan, a soils report including soils types, seasonal high-water table, and percolation rates; an erosion control plan including, if necessary, stream protection, road drainage erosion prevention, and prevention of untreated discharge into streams; and maps showing the 100 year flood plain as determined by FEMA Flood Insurance Rate Maps for those areas subject to flooding and possible earthquake faults passing through the proposed development.

d.

The proposed circulation system showing all public and private streets, sidewalks, and bikeways, the widths of all streets, a proposed grading plan for all streets, the provisions for vehicular parking, all boat and RV storage, the layout of the water, sewer, and storm drainage system, and an indication as to the type of water system to be used, its source, and engineering data on fire flows. Also to be included is the method of sewage disposal and solid waste (refuse) provisions.

e.

The use, height, size, and location of all structures, walls, and fences; character of materials, the texture of the buildings and grounds (color perspective) and elevation perspectives of structures in relation to adjacent buildings shall also be indicated.

f.

The location and size of any common and private open space, the substance of the conditions, covenants, and restrictions imposed upon the use of the land and structures and the form of organization proposed to own and maintain the open space and other common properties, and the proposed landscaping plan.

g.

The required modifications in Carson City's land use regulations otherwise applicable to the subject property, a master plan for potential development of the property in the area of the proposed planned unit development, and in the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit development are intended to be filed. Other information as required by Carson City.

h.

The ratio of residential to non-residential uses, areas of land, proposed setbacks.

(Ord. 2008-2 § 11, 2008: Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

The commission shall hold a public hearing, not later than 65 days after the filing of the application, and shall give notice of time and place and purpose thereof by mailing a notice, not less than 10 days prior to the date of such hearing to the applicant and the owners of property any part of which lies within 300 feet from any point on the exterior boundary of the parcel(s) for which the planned unit development is sought, as shown on the records of the assessor. Notice by mail to the last known address of the real property owners as shown on the assessor's records, shall be sufficient.

2.

The commission may continue a hearing to a specific time and may refer the matter to the planning division staff for further study. In any event, however, the public hearings shall be concluded within 60 days after the date of the first public hearing unless the landowner consents in writing to an extension of time within which such hearings shall be concluded.

3.

The commission shall consider all such evidence as presented by staff and the landowner and shall make such findings of fact relative to the tentative map. Findings of fact shall not be inconsistent with the laws of the state or with a recommendation to the board within 30 days. The commission shall recommend disapproval or conditional approval on every tentative map if the map does not disclose full compliance with CCMC or NRS.

4.

Recommendation of approval by the commission of tentative maps shall impose no obligation on the part of the board to approve the tentative map or to accept any public dedication shown thereon.

5.

The board shall consider the commission's report and any new evidence as presented by the staff and the landowner. The board may continue a hearing to a specific time and may refer the matter back to staff or the commission for further study. In any event, however, the public hearings shall be concluded within 60 days after receipt of the commission report.

6.

The board shall, after the conclusion of public hearings by minute action, grant tentative approval, tentative approval subject to specific conditions, or denial of a tentative plan. When tentative approval is granted, the board shall specify the maps, drawings, specifications, and form of performance bond that shall accompany the application for final approval. If approval is granted subject to conditions, the landowner shall, within 21 days after receiving the approval from the board or by special agreement from the Board, a set period of time to notify the director of their acceptance of or their refusal to accept all of the stated conditions. Failure to respond to the director, within the established time limits, shall void all prior proceedings. If the landowner refuses to accept all of the conditions, tentative approval of the plan is automatically rescinded.

7.

This section does not prevent the board and the landowners from mutually agreeing to modify such conditions and the board may, at the request of the landowner, extend the time during which the landowner is required to notify of his acceptance or refusal to accept the conditions.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The approval or denial of a tentative planned unit development plan shall be by minute action and shall set forth the reasons for the approval or for the denial, and in the case of approval, shall set a specific date for the filing of a final map, or in the case of phase development over a period of years, shall set the specific dates for the filing of the final map phases or units. The minutes shall also set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to, findings of fact, conclusions of law on the following:

1.

In what respects the plan is or is not consistent with the statement of objectives of the planned unit development ordinance;

2.

The extent to which the plan departs from zoning and planned unit development regulations otherwise applicable to the property, including but not limited to density, size and use, and the reasons such departures are or are not deemed to be in the public interest;

3.

The purpose, location and amount of the open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the open space and the adequacy or inadequacy of the amount and purpose of the open space as related to the proposed density and type of residential development;

4.

A physical design of the plan and in the manner in which such design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, parking requirements, and further the amenities of light and air, recreation and visual enjoyment;

5.

The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is proposed to be established;

6.

In the case of a plan which proposes a development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the planned unit development in the integrity of the plan.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

When the landowner has been granted tentative approval of a Planned Unit Development, the landowner shall file an application for final approval, for the first phase or unit, on or before a date set at the discretion of the Board or within four (4) years from the time of tentative approval as granted by the Board. Specific Final Map filing dates for all phases may be extended, upon application to the Board, but in no event shall the dates exceed two (2) years from the previously established final filing date. Tentative approval of a plan does not qualify a plat of the Planned Unit Development for recording or authorize development or the issuance of any building permits.

2.

Tentative approval shall be revoked for areas included in the plan for which final approval has not been given if:

a.

The landowner elects to abandon the plan or any part thereof, and so notifies the Director in writing; or

b.

The landowner fails to file application for the final approval within the required time.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

(Ord. No. 2009-19, § II, 8-20-2009; Ord. No. 2011-17, § II, 10-6-2011)

1.

An application for final map and zoning map amendment approval shall be made for all the land included in a plan or to the extent set forth in the tentative approval for a section thereof. Such application shall be made to the planning division within the time specified by the minutes granting tentative approval. Development engineering and the planning division shall review, within 30 days, the final map for compliance with the approved tentative map. If any errors or omissions are found on the prints of the final map submitted to the city for checking, the map shall be returned to the subdivider or his engineer for correction. When the corrected map has been received and approved by development engineering, the city engineer shall then notify, by certified mail, the land owner if his map is in compliance. The 30 day review period shall be extended by the number of days it takes to get the map corrected. The applicant shall then have 90 days, upon receipt of the city's letter, to record the final map, if the plan is in substantial compliance with the plan that had been granted tentative approval.

2.

Contents of Application. The application shall include such maps, drawings, specification, covenants, easements, conditions and form of performance bond as were set forth in the minutes at the time of tentative approval.

3.

Hearing. A public hearing on an application for final map and zoning map amendment approval of the plan or any part thereof, shall not be required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan that had been granted tentative approval. The plan submitted for final approval shall be in substantial compliance with plans previously approved if modifications by the landowner do not:

a.

Vary the proposed gross residential density or the number of units proposed;

b.

Involve a reduction of the area set aside for common or private open space or modify the maintenance agreements;

c.

Increase the total ground coverage of buildings or involve a substantial change in the height of buildings;

d.

Vary circulation, drainage, or utility patterns;

e.

Vary the substance of the covenants, conditions, and restrictions.

4.

Only when final approval has been granted and the map recorded shall the notation of this fact be placed on the zoning map. If construction of the approved development has not begun within one (1) year of the recording of the final map, the final map shall expire and the base zoning of the site shall be enforced.

5.

All final maps will comply with CCMC, Chapter 17.06, where applicable.

(Ord. 2007-14 § 1 (part), 2007).

1.

If the plan, as submitted for final approval, is not in substantial compliance with the plan as given tentative approval, the director shall, within 30 days of the date of the filing of the application for final approval, notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance. Thereupon, the landowner may:

a.

Treat such notification as a denial of final approval;

b.

Refile his plan in a form which is in substantial compliance with the plan as tentatively approved; or

c.

File a written request with the department that the board hold a public hearing on his application for final approval.

If the landowner elects the alternatives set out in subsections b or c above, he must refile his plan or file a request for a public hearing on or before the last day of the time within which he was authorized to file for final approval, or 30 days from the date he receives notice that his plan is not in substantial compliance, whichever is later. Failure to refile a request or public hearing within such time period shall constitute an abandonment of the plan by the landowner.

2.

The burden shall be upon the landowner to show the board good cause for any variation between the plan as tentative approved and the plan as submitted for final approval.

3.

Any such public hearing shall be held by the board within 30 days after the request for the hearing is made by the landowner. The board shall, by minute action, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this section, contain the matters required with respect to an application for tentative approval by Section 17.09.050. The board may continue the hearing, but in no case shall action on the map exceed 60 days from the first hearing date.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Approval of a plan, or any part thereof, which has been given final approval, shall be certified without delay by the proper authorities and shall be filed within 90 days of final approval in the office of the recorder in and for Carson City before the issuance of any building permits for the development. The recorder shall collect a fee pursuant to NRS.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Minor amendments to the final map may be authorized by both the director and the city engineer providing there is not an increase in the density of a project or a decrease in the amount of open space.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

No further development shall take place on the property included in the final plan until the property is resubdivided and is reclassified by a zoning map amendment if:

1.

The landowner abandons any or all such plans or any or all sections thereof as finally approved and gives written notification thereof to the director. Written notification can be any application filed with Carson City indicating that the landowner is abandoning or modifying the provisions of the finally approved map; or

2.

The landowner fails to begin the planned unit development within the prescribed period of time after the final approval has been granted.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Any decision of the board under this chapter granting or denying tentative or final approval of the plan or authorizing or refusing to authorize a modification in a plan is a final administrative decision and is subject to judicial review in a properly presented case.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

The standards of development for the location, design, construction, width, course, and servicing of public and private streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, street signage, street drainage, parks, playgrounds, open space, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment for planned unit developments shall meet existing codes, requirements, and standards as adopted by Carson City.

2.

The board may grant a modification to the provisions of this chapter after considering the statement of objectives regarding planned unit developments and including, but not limited to, adjoining neighborhood factors, project density, open space, and where a practicable and beneficial result will be obtained. Exceptions are grants or easements relating to the service or equipment of a public utility.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

Minimum Site Area. The minimum site area shall not be less than 5 acres, except that the board may waive this requirement when proper planning justification is presented by the landowner pursuant to the objectives of the planned unit development ordinance, including but not limited to encouraging more efficient use of the land and services; utilization of new technologies in land development so the resulting economies benefit Carson City; preserving or providing open space; protecting natural, cultural and scenic resources, achieving a more efficient use of land; minimizing road building; and encouraging stable, cohesive neighborhoods offering a mix of housing types.

2.

Minimum Number of Units. The minimum number of units in a planned unit development shall be not less than 5 dwelling units.

3.

Lot Area and Width, Height, Size, and Setback Requirements. The minimum lot size, lot width, and setback requirements applicable to the base zoning district may be reduced for better utilization of the land and to produce a housing environment of stable and desirable character consistent with the objectives of this chapter and the master plan.

a.

Minimum Lot Area.

(1)

Within the SF1A, MH1A and SF2A zoning districts, a residential lot may be reduced to no less than 33 percent of minimum lot size allowed by the applicable zoning district.

(2)

Within the SF5A, CR and A zoning districts, a residential lot may be reduced to no less than three acres.

(3)

Within all other underlying zoning districts there is no minimum required lot area.

b.

Minimum lot width and setbacks within the SF1A, MH1A, SF2A, SF5A, CR and A underlying zoning districts shall be established as part of the tentative map approval in accordance with the following table:

c.

Except as provided in subparagraph (b) above, there are no minimum lot width or internal setback requirements provided that a minimum of 10 feet between structures is maintained. All applicable internal setback requirements shall be established as part of the tentative map approval.

d.

All setbacks shall meet minimum building and fire code requirements.

e.

No structure or part of a structure except fences shall be located within 20 feet of an adjacent property at a periphery boundary of the planned unit development. Setbacks at the periphery boundary abutting a street or right-of-way shall be the front and street side yard setbacks as established by the underlying zoning district. The periphery setbacks may constitute part of the open space requirement, excluding periphery front yard areas.

f.

Any structure, whether for residential or non-residential use, shall not be greater in height than the underlying zoning district requirement unless a special use permit is granted by the planning commission for such height increase.

The provisions of the plan relating to the use of land and the height, size, use, and location of buildings and structures, and quantity and location of open space, and the intensity of use and the density of residential units shall run in favor of Carson City and shall be enforceable in law and equity by Carson City, without limitations on any powers of regulation otherwise granted to Carson City by law.

4.

Parking Standards. As required by Division 2 of the development standards.

5.

Storage Areas. Storage areas may be provided in the plan. Storage areas shall be screened from adjacent streets and commercial and residential properties, to a height of 6 feet. No storage of items above 6 feet.

6.

Sidewalks. Sidewalks may be required on private streets; however, sidewalks shall be required in and to open space areas.

7.

Separate Services. Whenever more than 1 dwelling unit is contained within a building and ownership of the separate dwelling units will be in fee simple or in any ownership other than joint ownership, separate services such as water, power, and sanitary sewer, shall be provided to each dwelling unit.

8.

Utilities. Underground utilities (water, sewer, gas, electricity, telephone, cable television) shall be required in all planned unit developments, prior to any street paving.

9.

Landscaping. Landscaping plans shall be a requirement of submittal and shall meet Carson City standards.

10.

Bike Paths. Bike paths may be required to be incorporated into the overall development of the plan in accordance with the Carson City unified pathways master plan. Bike path design and construction shall be in accordance with the development standards of Carson City.

11.

Wellhead Protection and Watershed Protection. As required in Chapter 12.05.

12.

Drainage. Drainage on the internal private and public streets shall be as required by the development engineering department. All common driveways shall drain to either storm sewers or a street section.

13.

Fire Hydrants and Lanes. Fire hydrants shall be provided and installed as required by the fire department. Fire lanes shall be provided as required by the fire department.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

All planned unit developments shall set aside a minimum of 30 percent of the gross area of the site for open space. The location of any open space shall be determined individually for each planned unit development and shall be based upon geographic and topographic characteristics of the site or other factors to meet the objectives of the planned unit development ordinance.

2.

Open space in residential planned unit developments shall not include streets or alleys (public or private), sidewalks adjacent to streets, driveways, parking areas, storage, laundry or utility facilities, RV and boat storage areas, or areas covered by residential structures. Front or street side yard setback areas may only be counted as open space area if it contains no dimension less than 20 feet. Open space in commercial/industrial planned unit developments may include parking areas and utility facilities; however, the above areas shall not constitute more than 25 percent of the total open space area.

3.

At least 25 percent of the required open space shall have a slope of 5 percent or less and shall be landscaped with appropriate trees, shrubs, grass, or desert landscaping, with no dimension less than 25 feet. A minimum of 100 square feet per residential unit shall be designed for recreation, which may include but not be limited to picnic areas, sports courts, a softscape surface covered with turf, sand or similar materials acceptable for use by young children, including play equipment and trees, with a slope of 5 percent or less and no dimension less than 25 feet, inclusive of the required landscaped area. Not more than 50 percent of the required open space shall consist of land with a slope in excess of 15 percent.

4.

"Open Space" shall mean:

a.

A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit development, which is designed and intended for the general use or enjoyment of the residents of residential developments and land occupants in commercial/industrial developments. Common open space may contain such complementary structures and improvements (clubhouses/social halls) as are necessary and appropriate for the benefit and enjoyment of such residents. Perimeter setbacks may be included in common open space; or

b.

"Private open space" means open space which is designed and maintained for the sole and exclusive use of the occupants of not more than 1 dwelling unit in a residential development or land occupants in commercial/industrial developments and may include private land areas, patios, and/or decks. Private open space may not be applied towards more than 25 percent of the total open space requirement;

c.

Lands dedicated to Carson City.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Any time after a planned unit development is given final approval, the board may accept dedication of all or part of the common open space and other common property for public use and maintenance. Other common property can be streets, alleys, driveways, bike paths, sidewalks, or other such improvements. The dedication of common open space shall not be a condition of approval.

If dedication of any common open space or other common property is not accepted, the developer shall provide for and establish an organization for the ownership and maintenance for any and all common open space and other common property which shall include the following:

1.

The form of document or covenant that will legally create an automatic membership, nonprofit homeowners or occupants association.

2.

The style of ownership in the common open space and other common properties.

3.

Restrictions on the use of such common open space and other common properties.

4.

System for the operation and maintenance of the common open space and other common property.

5.

The system of charges or assessments on each owner or occupant for the maintenance of the common open space and other common property, which will assure sufficient funds to operate and maintain the common open space and other common properties.

6.

Residents or occupants of planned unit developments may, to the extent and in the manner expressly authorized by the provisions of their conditions, covenants, and restrictions, modify or remove their rights to enforce the provisions or their conditions, covenants, and restrictions, but no such action may affect the right of Carson City to enforce the provisions of this chapter.

7.

The documents and/or forms shall be reviewed by the district attorney and planning division prior to tentative approval. All documents required by Carson City shall be in a form that may be enforced by Carson City.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

Prior to establishing an organization that will provide for the ultimate ownership and maintenance of any common open space and other common property, the landowner shall be responsible for the proper operation and maintenance of such properties. Proper operation and maintenance shall constitute full compliance of the plans and schedules for such areas as approved by the board. The landowner shall remain responsible for the ownership, operation, and maintenance of the common open space and other common property until a minimum of 40 percent of the total units have been sold to individual buyers and the responsibility of the common areas has been transferred to the organization.

2.

If an organization established by a landowner to provide for the ownership and maintenance of any common open space and other common property, at any time after the reestablishment of a planned unit development, fails to maintain the common open space and other common property in reasonable order and condition in accordance with the development plan, Carson City may serve written notice upon such organization or upon the residents of the planned unit development, setting forth the manner in which the organization has failed to maintain the common open space or other common property in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within 30 days of the receipt of such notice and shall state the date and place of a hearing before the board, which shall be within 14 days after the expiration of the 30 day's notice. At the hearing, the board may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

If the deficiencies set forth in the original notice or in the modification thereof are not cured within the 30 day period, or any extension thereof, the Carson City board of supervisors, in order to preserve the taxable values of the properties within the planned unit development and to prevent a common open space and other common property from becoming a public nuisance, may direct city departments or their designee to enter the common open space or other common properties and maintain it for a period of 1 year or less. This, however, does not release the organization, residents, or occupants of planned unit developments from any liability which they would otherwise have.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

Before the expiration of the period of maintenance as hereinabove set forth, the board shall upon its own initiative, call a show cause public hearing upon notice to such organization or to the residents of the planned unit development. At this hearing, the organization, residents, or occupants of a planned unit development shall show cause why such maintenance by the organization or residents of the planned unit development cannot be continued for the succeeding years. If the board determines that such organization is ready and able to maintain the common open space or other common property in a reasonable condition, Carson City shall cease its maintenance at the end of the year. If the board determines that such organization is not ready and able to maintain the common open space or other common properties in a reasonable condition, Carson City may, at its discretion, continue the maintenance of the common open space or other common property during the succeeding years.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

The cost of any and all such maintenance and operations undertaken by Carson City as hereinabove described, shall be assessed proratably against all properties in the planned unit development and it shall be a tax lien upon such properties.

(Ord. 2007-14 § 1 (part), 2007: Ord. 2001-15 § 2 (part), 2001).

1.

As a condition precedent to the acceptance of any easements offered for dedication to the public, and prior to the approval of the final map of the subdivision, the subdivider shall agree to improve at his own expense, and within a stated time, all land so dedicated with such improvements as set forth in this chapter, and the final map of any such subdivision shall not be approved until either such features have been improved as provided herein, or the subdivider has executed an agreement to so improve such features as secured by a bond or cash deposit.

2.

Trunk line sewers, other improvements not solely for the benefit of the subject subdivision, and full improvement of those routes shown on the "Plan of Streets and Highways" shall not be required unless included within the subdivider's agreement. However, the subdivider shall be held to his proportion of all these improvements. The amount of said fair participation shall be decided by the board.

(Ord. 2001-15 § 2 (part), 2001).

1.

When the tentative map indicates that the proposed water supply for any lot in the subdivision comes from a source other than located upon such lot, the subdivider shall install or cause to be installed the water supply and distribution system needed to supply domestic water to all of such lots in accordance with standards herein set forth and including a fire system if required by the Carson City fire chief.

2.

The final map shall not be approved until the city engineer certifies that the design of the water supply and distribution system conforms to the standards set forth and to sound engineering practices; nor until such system has either been installed and approved or the subdivider has executed an agreement to install such system secured by a bond or cash deposit; nor until the subdivider submits written evidence that some utility or public agency is willing to maintain and operate the sewage collection and disposal system on completion.

(Ord. 2001-15 § 2 (part), 2001).

1.

If, at the time the final map or parcel map is considered for approval, and any of the public improvements required therein have not been completed, the subdivider shall either:

a.

Complete such improvements prior to the recording of the map, or;

b.

Enter into an improvement agreement with the city to complete such improvements prior to the date fixed by the city engineer and specified in the improvement agreement, which shall not exceed 18 months.

2.

A subdivider may enter into an improvement agreement only if 1 or more of the following forms of security, as defined by this chapter, is delivered to or arranged with Carson City for an amount not less than 150 percent of either the approved engineer's estimate of the cost of improvements covered by the improvement agreement or the average of the bids of 3 properly licensed contractors to complete the improvements covered by the improvement agreement submitted to the city if the bids are reasonable and complete:

a.

Cash;

b.

A certificate of deposit;

c.

A deed of trust, together with an appraisal of the subject property prepared by an MAI appraiser, and a title report and a policy of title insurance issued by a person authorized to issue title insurance under NRS 69A.022;

d.

A lender's set aside agreement;

e.

A letter of credit;

f.

A surety bond;

g.

A trilateral agreement.

3.

All forms of security listed above must be in a form approved by Carson City and it is the responsibility of a subdivider to submit to Carson City upon request proof of the existence of any license or permit required by this chapter of a person issuing a security device or participating in a security agreement.

4.

A subdivider may substitute one form of security permitted by this chapter for another form of security permitted by this chapter.

5.

The improvement agreement shall allow for proportionate releases of the surety. These releases shall be directly related to the proportional amount of the improvements that have been constructed and accepted. The engineer's estimate and the amount of the required surety may be adjusted annually for inflation as necessary at the discretion of the city engineer.

6.

Once the city has accepted 100 percent of the subject improvements, 90 percent of the surety held by the city will be released. 10 percent of the original surety will be retained by the city (a substitute maintenance surety may be posted that is equal to 10 percent of the original surety) to secure the developers obligation to repair defects in workmanship and materials which appear in the improvements within 1 year of acceptance by the city.

(Ord. 2001-15 § 2 (part), 2001).

Improvement agreements may provide for the final inspection and acceptance of stages of the work and the release of portions of the security for the stages of the work completed. The releases shall be approved in the manner set forth by written policies of the department which are approved by and may only be changed through resolutions adopted by the board.

(Ord. 2001-15 § 2 (part), 2001).

In the event of a default and a foreclosure by the city upon the security instrument, the city or its authorized agent shall complete the improvements set forth in the improvement agreement within 18 months of the time the full amount of the security is obtained by the city unless delays caused by circumstances beyond the control of the city prevent the completion. In the event of such a delay, the city shall complete the improvements as soon as possible.

(Ord. 2001-15 § 2 (part), 2001).

A surveyor's bond shall be posted by either the surveyor whose name appears on the plat map or the subdivider, to insure that monuments as herein required shall be set within a maximum period of 1 year after the recording of the map.

(Ord. 2001-15 § 2 (part), 2001).

The fees required in this Title are defined in Title 18 Zoning for filing and reviewing maps and in Title 18 Appendix—Development Standards for obtaining permits for work required. The fees contained therein are in addition to any fees required by State or Federal law or regulation.

(Ord. 2008-2 § 13, 2008).

Before a final map of a subdivision of land can be prepared and submitted, an accurate and complete boundary survey of the lots, blocks, roads, easements, and boundaries of the subdivision of land must be made by a professional land surveyor licensed in the state of Nevada.

(Ord. 2001-15 § 2 (part), 2001).

All surveys must conform to city standards for horizontal and vertical control as outlined in CCMC, Title 17. An elevation and set of coordinates shall be permanently and visibly marked on each control monument.

(Ord. 2001-15 § 2 (part), 2001).

Monuments shall be set as defined below and shall be permanently and visibly marked or tagged with the registration and license number of the surveyor under whose supervision the survey was made and a description of each monument to be set subsequent to recordation shall be shown on the final map. Where a monument is set in a paved highway, it shall be set with the top at least 6 inches below finish grade and shall have a cast iron cover that is set in accordance with the standard details for public works construction and the city's design manual. The engineer or surveyor in charge of the survey shall cause permanent monuments to be set, as follows:

1.

Lot Corners. A lot corner shall consist of a ferrous metal pipe with a minimum inside diameter of ¾ inch (or a reinforcing steel bar with a minimum diameter of ⅝ inch) and a minimum length of 18 inches, having a plastic cap. Said pipe shall be driven flush with the finished grade and shall be used to mark all interior property corners, except where special conditions require an alternative setting or where a monument of greater hierarchy may also fall. At locations where a right-of-way monument or control monument coincides with a property corner, the right-of-way monument or control monument shall take precedence over the property corner.

2.

Right-of-Way Monuments. A right-of-way monument shall consist of a ferrous metal pipe with a minimum inside diameter of ¾ inch (or a reinforcing steel bar with a minimum diameter of ⅝ inch) and a minimum length of 18 inches, having a stamped aluminum, plastic or brass cap. Said pipe shall be driven flush with the finished grade. A right-of-way monument shall be used to mark the beginning and ending of each curve (points of tangency and points of curvature) and at sufficient locations along the centerlines of streets so that the centerline may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve, or an intersection with a boundary of the subdivision. At locations where a boundary monument or control monument may also fall, the boundary monument or control monument shall take precedence over the right-of-way monument.

3.

Boundary Monuments. A boundary monument shall consist of a ferrous metal pipe with a minimum inside diameter of 2 inches and a minimum length of 24 inches, having a stamped aluminum or brass cap. Said pipe shall be driven flush with the ground. A boundary monument shall be used to mark the location of each exterior boundary corner of the subdivision of land and along the exterior boundary lines of the subdivision at intervals of not more than ¼ of 1 mile. At locations where a control monument may also fall, the control monument shall take precedence over the boundary monument.

(Ord. 2001-15 § 2 (part), 2001).

The minimum allowable error of closure shall be 1/10,000 for all surveys except for control monuments. The minimum allowable error of closure shall be 1/50,000 (second order survey) for setting control monuments.

Coordinates on the Modified State Plane Coordinate System shall be computed for all exterior boundary corners and shown on the final map. Additionally, the coordinates for the points used to establish the basis of bearing shall be shown on the final map.

(Ord. 2001-15 § 2 (part), 2001).

The final map shall be prepared and submitted to the city for recording in conformance with NRS 278.360, and all applicable sections of the Carson City Municipal Code. Additionally, the final map shall be submitted to the city in electronic form as specified in the development standards. A signed statement must be submitted alone with the media containing the drawings, certifying that the drawings are true and correct, and that the information on the drawings is on the correct layers as set by city standards. A prototype containing these layers can be found in the development standards.

(Ord. 2001-15 § 2 (part), 2001).

This policy is provided to advise city staff, public agencies, engineers, land surveyors and other interested parties how control monuments within Carson City are to be set and maintained.

(Ord. 2001-15 § 2 (part), 2001).

It is the policy of the GIS program administrator and staff to insure that sufficient control monuments are established and maintained throughout the city. The control monuments shall be established to serve as both elevation reference marks and horizontal control points. The GIS program administrator or his designee shall verify the integrity and accuracy of each control point within the city's network at least once every two (2) years. Any monument within the control network shall be reestablished within thirty (30) days of notification by a surveyor or other qualified person that the control monument is missing or unusable.

(Ord. 2001-15 § 2 (part), 2001).

Control Monuments. Each control monument shall consist of a ferrous metal pipe with a minimum inside diameter of three inches (3″) and a minimum length of twenty-four inches (24″), having an aluminum or brass cap. Said pipes shall be driven flush with the ground. The exterior boundary of the subdivision of land shall be tied to a minimum of two (2) control points. Control monuments shall be set at locations where they will be easily accessible; preferably on public property or within public rights-of-way. No control monument shall be located where it is likely to be covered or screened so that it becomes inaccessible. Carson City shall be responsible for establishing new control monuments and for maintaining all monuments within the control network.

(Ord. 2001-15 § 2 (part), 2001).

The board has adopted "development standards" which provide for minimum design specifications for the development of such items as, but not limited to, subdivisions, streets, drainage, utilities, erosion control, fire protection, lighting, landscaping, parking, etc. These development standards must be utilized in the design and improvements for all divisions of land, and the city engineer and the director shall insure that the applicant or developer is in compliance with the development standards. The development standards are parallel in authority to this title and Title 18, the Zoning Ordinance.

(Ord. 2001-15 § 2 (part), 2001).

1.

Prior to submittal of application to the planning and community development department, a pre-submittal conference with development engineering is required.

2.

Applications for the abandonment of right-of-way owned by or reserved for Carson City, or a government patent easement may be initiated by the board of supervisors, the planning commission, the director or by an owner of real property abutting a patent easement or public right-of-way through an application to the planning and community development department.

3.

All procedures involving abandonment of right-of-way shall be in accordance with NRS 278.480 inclusive.

4.

Notice provisions shall be pursuant to NRS 278.480.

(Ord. 2006-4 § 6 (part), 2006)

Staff's recommendation is based upon the following findings which are substantiated in the public record for the project:

1.

Will the abandonment result in material injury to the public?

2.

What is the history regarding the street being dedicated or not?

3.

What should the reasonable consideration be if the street was not dedicated?

4.

If an abandonment has a public benefit, how much of the public benefit should be offset against the determination of reasonable consideration?

5.

What is the applicability of the parking value analysis applied to this request?

6.

Should utilities easements be reserved, continued or vacated?

7.

Are any conditions of approval by the board of supervisors or recommendations by the planning commission or staff included?

(Ord. 2006-4 § 6 (part), 2006)

The application must be considered by the commission at a public hearing within 60 days from acceptance of the application and the commission shall consider all evidence presented and determine if the application is consistent with existing policies, standards and required findings.

(Ord. 2006-4 § 6 (part), 2006)

The commission shall recommend approval or conditional approval to the board of supervisors and make a finding that the public has not been materially injured by the proposed abandonment. Should the planning commission not be able to make this finding, it shall recommend denial of the abandonment application.

(Ord. 2006-4 § 6 (part), 2006)

Time limits shall be in accordance with NRS 278.240 and NRS 278.480.

(Ord. 2006-4 § 6 (part), 2006)

1.

Filing fees shall be due upon determination of application completeness by the director and payable to Carson City as a prerequisite to filing for the abandonment of right-of-way.

2.

No part of the filing fee will be refunded in the event that the abandonment of right-of-way is not approved or for any other cause.

(Ord. 2006-4 § 6 (part), 2006)

The application shall include the following information:

1.

A completed application, which includes the location, assessors parcel number and the extent of the proposed right-of-way abandonment;

2.

Utility statement sheet(s) signed by the respective utility company representatives;

3.

A legal description of the right-of-way prepared by a professional land surveyor licensed by the state of Nevada;

4.

An 8.5 inch by 11 inch sized exhibit of the immediate area indicating the proposed abandonment of right-of-way;

5.

Applicants statement of justification including:

a.

If the subject right-of-way was ever dedicated. If so, documentation is mandatory regarding the street's dedication.

b.

How all adjacent parcels will have access, should the abandonment be approved.

c.

How the public at large will benefit from and not be injured from the proposed abandonment;

6.

Application addendums are required if there are multiple property owners or multiple parcels involved in the abandonment application;

7.

Proof that taxes are not delinquent on the affected property or properties by submitting a certificate from the city treasurer to this effect;

8.

A chain of title report pertaining to the affected property (properties) that abut the area of the proposed abandonment.

(Ord. 2006-4 § 6 (part), 2006)

The city recorder shall collect the fee required by NRS 278 for recordation of an order of abandonment of right-of-way.

(Ord. 2006-4 § 6 (part), 2006)

The right-of-way or patent easement abandonment shall be recorded within 1 year of approval or conditional approval of the abandonment. Failure to record terminates all proceedings, requiring an entirely new application and approval of abandonment.

(Ord. 2006-4 § 6 (part), 2006)

If an application for right-of-way abandonment is denied, any subsequent application for the same right-of-way shall not be submitted for 12 consecutive months commencing from the date of the final action by the board of supervisors.

(Ord. 2006-4 § 6 (part), 2006)

Applications for an Administrative Easement Abandonment may be initiated by the board, planning commission, director, or an owner of real property abutting the easement, through application to the planning and community development department.

(Ord. 2006-4 § 6 (part), 2006)

Time limits shall be in accordance with NRS 278.240 and NRS 278.480.

(Ord. 2006-4 § 6 (part), 2006)

1.

Filing fees shall be due upon application submittal, and payable to Carson City as a prerequisite to filing for the administrative easement abandonment.

2.

No part of the filing fee will be refunded in the event that the administrative easement abandonment is not approved or for any other cause.

(Ord. 2006-4 § 6 (part), 2006)

The application shall include the following information:

1.

A completed application, which includes the location, assessors parcel number and the extent of the proposed easement abandonment;

2.

Utility statement sheet(s) signed by the respective utility company representatives;

3.

A legal description of the easement prepared by a professional land surveyor, licensed by the state of Nevada;

4.

An 8.5 inch by 11 inch sized exhibit of the immediate area indicating the proposed easement abandonment;

5.

Application addendums are required if there are multiple property owners or multiple parcels involved in the application;

6.

Proof that no taxes are delinquent on the affected property or properties, by submitting a certificate from the city treasurer to this effect;

7.

A chain of title report pertaining to the affected property (properties) that abut the area of the proposed abandonment.

(Ord. 2006-4 § 6 (part), 2006)

The city recorder shall collect the fee required by NRS 278 for recording an abandonment of easement.

(Ord. 2006-4 § 6 (part), 2006)

The easement abandonment shall be recorded within 1 year of approval or conditional approval of the abandonment. Failure to record terminates all proceedings, requiring an entirely new application and approval of abandonment of easement.

(Ord. 2006-4 § 6 (part), 2006)

The board of supervisors recognizes that condominiums are a unique form of multi-family property ownership and have their own attendant advantages and disadvantages. Therefore, pursuant to NRS 116.1106, it is the express purpose and intent of the board of supervisors to address and provide for the uniqueness of condominiums. In order to provide for the housing needs of all economic segments of the community, the board of supervisors establishes this chapter to regulate condominium housing, as follows:

1.

To ensure a reasonable balance of rental and ownership housing in Carson City and a variety of individual choices of tenure, type, price and location of housing, particularly for low and moderate-income persons and families;

2.

To reduce and ease the impact of displacement of long term residents, senior citizens, families with children, and those citizens who may be forced to move due to rental-to-condominium conversion;

3.

To encourage the goal of owner-occupied housing;

4.

To protect the financial investment of citizens who purchase condominiums, by requiring developers to disclose the necessary information upon which prospective condominium purchasers can base their decisions;

5.

To protect the lives, health, safety and possessions of citizens who purchase condominiums.

(Ord. 2006-5 § 2 (part), 2006)

This chapter applies to condominium projects that are proposed as new construction and to the conversion of rental housing into condominiums. The sections below that pertain to only to conversions are so indicated. In either case, the proposed condominium project requires approval of a special use permit as well as the parcel map or subdivision map procedures as required by Carson City Municipal Code, Sections 18.02.050, 18.05.080; and Section 17.03.010 or Chapter 17.05 of this title as applicable. All condominium unit sales shall comply with the provisions of NRS Chapter 119.

(Ord. 2006-5 § 2 (part), 2006)

The following words and phrases, when used in this chapter, shall have the meanings respectively assigned to them:

"Amenities" means the common elements, limited common elements, recreational and community facilities held in common by the association. The term "amenities" does not include any fixtures or facilities or limited common elements that are reserved for the exclusive use of a single condominium unit.

"Association" as used in this chapter means the homeowners' or unit-owners' or community association; or it means the organization of persons who possess a right to exclusive occupancy in a community/cooperative apartment or stock cooperative.

"Common element (CE)" or "common area" means the entire common-interest community excepting the units therein, including easements in favor of units or the common elements over other units.

"Common-interest community" means real estate with respect to which a person, by virtue of his ownership of a unit, is obligated to pay for real estate other than that unit. A common-interest community is not a condominium unless the undivided interests in the common elements are vested in the units' owners.

"Conversion" means a change in the property ownership of a parcel or parcels (or specified portion thereof), together with the structures thereon, whereby the parcel or parcels (or specified portion thereof) and structures previously used as rental housing change to condominium ownership.

"Converted building" means a building that at any time before creation of the condominium common-interest community was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.

"Developer" means any landlord, person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or successors thereto who at any time undertake to develop a condominium project either by conversion to condominium status or new construction.

"En masse tenancy termination" means that, within a 90-day period, the owner or agent of the owner terminates tenant leases equal to the number of 45% (or greater) of the number of units in a community apartment project, complex, or a building or phase within such a development.

"Homeowners'" or "unit-owners'" or "community association" means the co-owners acting as a group in accordance with the declaration and bylaws of the common-interest community, pursuant to NRS 116.3101.

"Limited common element (LCE)" means a portion of the common element(s) allocated by the declaration of the common-interest community, or those described under NRS 116.2102, for the exclusive use of 1 or more but fewer than all of the units and the allocation of such elements must comply with the provisions of NRS 116.2108.

"Multi-unit rental housing" means apartments, of 5 units or more, and all other forms of housing (excluding single family dwellings, condominiums and mobile homes) that are rented or leased to tenants by landlords or property owners.

"Project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

"Prospective purchaser" or "buyer" means a tenant, subtenant or any person who visits the condominium project site for the purpose of inspection for possible purchase.

"Residential condominium" means any of the following:

a.

An estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in space in a residential building unit where the unit shares a commonly-owned floor, ceiling or wall. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:

(1)

An estate of inheritance or perpetual estate;

(2)

An estate for life; or

(3)

An estate for years.

b.

"Community apartment" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

c.

"Stock cooperative" means a corporation which is formed or employed primarily for the purpose of holding title to improved real property, either in fee simple or for a term of years, if all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, the title is held by the corporation, and the right of occupancy is transferable only concurrently with the transfer of the share(s) of stock in the corporation held by the person having the right of occupancy.

d.

"Cooperative apartment" means a multi-unit dwelling in which each resident has:

(1)

An interest in the entity owning the building; and

(2)

A lease entitling him to occupy a particular apartment within the building.

e.

The definition of "residential condominium" does not include townhouse, which is an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in real property including the land beneath and air space above the real property held separately.

f.

The definition of "residential condominium" does not include density subdivisions, cluster developments or planned unit developments: except that any units of a density subdivision, cluster development or planned unit development which share a commonly owned floor, ceiling or wall are within the definition of this subsection and shall comply with the provisions of this chapter.

g.

As used in this chapter, "condominium" means "residential condominium" which does not include a commercial or mixed-use component.

h.

The definition of "residential condominium" does not include duplex, triplex, four-plex or housing structure of four units or less on a single lot or parcel.

"Tenant" means a person entitled under a lease or rental agreement to occupy a dwelling unit to the exclusion of others.

"Unit" means any element(s) of a condominium common-interest community not owned in common with the owners of other condominiums in the common-interest community and which are designed and intended for individual ownership, occupancy and use.

(Ord. 2006-5 § 2 (part), 2006)

All residential condominiums shall conform to the following physical standards:

1.

Building and Fire Regulations. On the date a building permit is filed for the construction of new condominiums, or on the date a building permit application is filed for a condominium conversion, the following regulations shall apply:

a.

All condominiums and common elements of any condominium project shall comply with Title 14 of the Carson City Municipal Code (Fire), the International Fire Code (IFC), and with National Fire Protection Association (NFPA) standards for the building type and occupancy classification of the subject structure(s).

b.

All condominiums and common elements of any condominium project shall comply with Title 15 of the Carson City Municipal Code (Buildings and Construction) and with the International Building Code (IBC).

c.

Sound Attenuation. Floor-to-ceiling and wall-to-wall assemblies between units shall, at a minimum, meet sound transmission controls as found in Title 15, specifically sound transmission coeffient (STC) 50, and/or such additional sound transmission controls as are determined and required by sound contour maps of the Carson City airport authority.

d.

Electrical. Each unit shall have a separate electrical service. A common electrical system may be installed provided the chief building official finds that the common electrical system is submitted by a state registered electrical engineer and provides adequate service to the condominiums. Each unit must be provided with separate disconnects, breaker-type over-current devices, ground-fault circuit interrupters and Arc-fault circuit interrupter protection per the National Electrical Code (NEC) and Title 15. Knob-and-tube wiring shall not be allowed.

e.

Gas. If natural gas is used in the condominium project, each unit shall have a separate gas service; a manifold system is acceptable.

f.

Heating and air conditioning. Each unit shall have a separate environmental system. A common environmental heating and cooling system may be installed provided the chief building official finds that the common system can adequately serve the condominiums and complies with the following:

(1)

The system is designed with the use of fan coils connected to a common boiler and chiller system.

(2)

The system is submitted by a mechanical engineer licensed in the state of Nevada.

g.

Unit Sewer Service. Each unit shall have a separate sewer service. A common sewer line may be installed provided the city engineer finds that a common sewer system can adequately serve the condominiums, and the system is submitted by a civil engineer licensed in the state of Nevada.

h.

Unit Water Service. Each unit shall have a separate water service. A common water system may be installed provided the city engineer finds that a common water system can adequately serve the condominiums, and the system is submitted by a civil engineer licensed in the state of Nevada. Each unit shall have separate water shut-off valves.

i.

Common or individual solar, geo-thermal and non-fossil fuel utility systems may be installed provided the chief building official finds that the solar, geo-thermal and/or non-fossil fuel utility systems are feasible and can adequately serve the condominiums. Any such system shall be designed by a mechanical engineer licensed in the state of Nevada.

j.

All sleeping rooms shall have egress windows that comply with the latest adopted addition of the International Building Code (IBC).

k.

All windows shall be a minimum of dual-pane or equivalent.

l.

All buildings must have components that comply with the International Property Maintenance Code in effect at time of conversion to be eligible for conversion. All work conducted as part of the conversion process that requires a building permit shall obtain a permit and shall be performed by licensed Nevada contractors having the appropriate license type, a Carson City business license, and the necessary proof(s) of insurance.

2.

Utility connections to the buildings on the site shall comply with the following:

a.

Sewer. Each building in which plumbing fixtures are installed shall have a connection to a public or private sewer. Maintenance of the private sewer system shall be the responsibility of the association.

b.

Water. Each building shall be served by a single water service, serving only that building. A plan for the equitable sharing of communal water metering shall be included in the covenants, conditions and restrictions (CC&Rs). It shall be responsibility of the association to implement that plan.

3.

Site design elements of all new and converted condominiums shall comply with Carson City development standards (CCDS), Division 1, Sections 1 through 3 and 13 through 14.

4.

Parking and loading space shall be provided in accordance with Carson City development standards, Division 2.

5.

Landscaping shall be provided in accordance with Carson City development standards, Division 3.

(Ord. 2006-5 § 2 (part), 2006)

Condominium projects should comprise a comprehensive, integrated design which provides open space and the amenities associated with [] this title and the Carson City design standards, Divisions 1 and 3. All owners of units in a condominium project shall have an undivided ownership interest in the common areas and amenities. All amenities of a condominium project and the provision of limited common elements shall be subject to special use permit review at the time of conversion or prior to new project construction or project expansion, except where an established association makes minor additions or modifications to a project area that has been previously approved.

(Ord. 2006-5 § 2 (part), 2006)

(Ord. No. 2023-5, § II, 4-6-2023)

1.

This Section applies only to conversions. Conversions into condominiums of any apartment or any form of multi-unit rental housing shall be only by approval of a special use permit, together with the filing of a parcel map or a tentative subdivision map, whose procedures are noted and required by Carson City Municipal Code, Sections 18.02.050, 18.05.080, and Section 17.03.010 or Chapter 17.05 of this title as applicable.

2.

The following information shall be attached to any application for a special use permit:

a.

The names and addresses of all tenants;

b.

The present rent rate of each unit and the rental rate history of each unit for three years prior to the date of application for each unit as required by Section 17.17.070(4)(c);

c.

The interior size and dimensions of each unit;

d.

Proposed initial selling price of each unit;

e.

Proposed initial association fee;

f.

If the conversion is made pursuant to the pace of conversions exceptions contained in Section 17.17.070(2), a copy of the statement signed by the tenants;

g.

The approximate date when the conversion(s) will begin and date when the conversion(s) will be completed; and

h.

A report signed by an architect or civil/structural engineer licensed in the state of Nevada referencing the physical standards set forth in Section 17.17.040 of this chapter and comparing these to a typical unit in the project to be converted. If the physical standards cannot be met within the existing structure, the report shall state how the developer proposes to bring the typical unit into compliance. For purposes of such evaluation, a review of the construction plans and specifications is acceptable. In the absence of construction plans and specifications, a physical inspection of a typical unit in the project will be required.

(Ord. 2006-5 § 2 (part), 2006)

1.

This Section applies only to conversions. Multi-unit rental housing shall not be converted into condominiums if the vacancy rate for multi-unit rental housing is lower than three and one-quarter percent (3.25%) as determined pursuant to Subsection 3 of this Section per category described below. A conversion which causes the vacancy rate to fall below three and one-quarter percent (3.25%) in the appropriate category shall not be permitted. The vacancy rate for each category is to be figured separately.

2.

Multi-unit rental housing may be converted into condominiums even if the vacancy rate for the category in which the project falls is less than three and one-quarter percent (3.25%), if seventy percent (70%) of the tenants residing in the rental housing project sign a statement approving of the conversion to condominiums.

3.

The multi-unit rental housing vacancy rate shall be determined once yearly by the Planning Division by the 25th day of April.

4.

For the purposes of this Section, two (2) categories of multi-unit rental housing are created. The categories are to be delimited in the following manner:

a.

The division between the two (2) categories will be based on the dollar value of twenty-five percent (25%) of the median income (figured on a monthly basis) of a household in Carson City as established by the United States Department of Housing and Urban Development.

b.

Multi-unit rental housing units with average rents equal to or below this dollar value figure shall be in one (1) category and multi-unit rental housing units with average rents above this dollar value figure shall be in the second category.

c.

To be eligible to convert in either category, the average rent of all the units must have been in one (1) category for one (1) year prior to date of application for conversion. A developer shall attach to the application for conversion substantiation of rents collected for the year prior to application in the form of accounting records, such as income tax returns or a statement by a certified public account licensed in the State of Nevada.

5.

No special use permit application for a condominium conversion shall be accepted for hearing by the Carson City Planning Commission unless the vacancy rate, as determined by this Section, permits conversion; or unless the condominium conversion project falls within the exception of Subsection (2) of this Section. Once a special use permit application for a condominium conversion project has been approved, the approval shall not subsequently be rescinded due to a change in the vacancy rate following the approval. Approval of the special use permit by the Planning Commission, however, shall not obligate the Board of Supervisors to approve any parcel map or subdivision plat pertaining to the conversion project.

(Ord. 2006-5 § 2 (part), 2006)

(Ord. No. 2008-29, § I, 8-7-2008)

1.

This section applies only to conversions. Notice of public hearing shall be given to each tenant a minimum of 11 days prior to the public hearings before the planning commission, at which the condominium conversion is to be considered.

2.

The developer shall send out notices of public hearings on a form to be provided by the planning division. The developer shall submit to the planning division a list of the persons and addresses to whom the respective notices of public hearing were sent; non-leased/vacant units shall be enumerated as such. Each list shall be certified by the developer, under penalty of perjury, that the list is accurate and complete and that the notices were sent as required.

(Ord. 2006-5 § 2 (part), 2006)

1.

This section applies only to conversions. A developer of a condominium conversion project shall certify in writing to the planning division that the requirements of this section have been completed within 60 days following the 120-day notice period described herein.

2.

A developer of a condominium conversion project shall serve the notice of intent-to-sell not less than 120 days before requiring the affected tenant(s) to vacate. Notice of intent-to-sell shall not be given earlier than 30 days following approval of a tentative subdivision or parcel map. The first day of the 120-day period shall be the post-marked date of the notice of intent-to-sell mailed to the tenant by certified mail.

3.

A developer of a conversion condominium project shall post a general notice of intent-to-sell in a conspicuous place on the property that is normally frequented by the affected tenants not less than 120 days before the affected tenants are required to vacate.

4.

A developer may terminate a tenancy for cause as defined by NRS 118A.060, at any time within the 120-day notice period.

5.

When, pursuant to NRS 40, a developer has terminated apartment tenancy en masse for any condominium conversion project, building or project phase, the developer is barred from applying for a special use permit for condominium conversion for that project, building or phase for a period of not less than 180 days from the termination period threshold described in Section 17.17.030(8).

6.

Any tenant with more than 30 days remaining on a lease who receives a notice of an intent-to-sell shall, at any time after receipt of such notice, have the right to terminate such lease with 30 days written notice to the developer. Such termination shall be without penalty or other termination charge to the tenant.

7.

A developer shall not increase the rents or fees payable by a tenant at any time during the 120-day period; except:

a.

A developer may increase the rent of multi-unit rental housing when the rent of such housing includes utilities and the utility costs are increased by the utility provider, but the increase in rent shall be no greater than the proportionate increase in utility rates; and/or:

b.

A developer may increase the rent of multi-unit rental housing when property taxes are increased, but the increase in rent shall be no greater than the proportionate increase in taxes.

8.

The developer shall have reasonable access to each rental unit during the 120-day period.

a.

A tenant or subtenant residing in an apartment-to-condominium conversion project shall not unreasonably withhold consent to the developer to enter the unit in order to inspect the premises, make necessary or agreed repairs, supply necessary or agreed services, or show the unit to prospective or actual workmen or purchasers in accordance with subsection 8(c). The developer shall not abuse the right of access or use it to harass the tenant. Except in cases of emergency, or unless it is impracticable to do so, the developer shall give the tenant at least 24 hours notice of his intent and may enter only at reasonable times.

b.

A developer shall not undertake remodeling for conversion of a unit while it is occupied by a tenant without the consent of the tenant. A developer shall not create any disruption in the common areas inconsistent with good building practices, nor unreasonably restrict access, nor interfere with the quiet use and enjoyment of the premises at times other than normal week-day business hours.

c.

An occupied unit of an apartment-to-condominium conversion project may be shown by a developer to actual or prospective workmen or purchasers during the last 30 days of the 120-day period or during the last 30 days of a period of tenancy.

(Ord. 2006-5 § 2 (part), 2006)

This section applies only to conversions. The developer shall provide moving expenses, in the sum of $350.00 (to be reviewed biennially and adjusted by resolution of the board of supervisors) to any tenant who relocates from a building to be converted and whose lease expires beyond the 120-day period described in Section 17.17.090. The developer shall pay the moving expenses on or before the date of vacation by the tenant or subtenant.

(Ord. 2006-5 § 2 (part), 2006)

1.

This section applies only to conversions. With the notice of intent-to-sell provided for in Section 17.17.090 or by signature-confirmed personal delivery, the developer shall mail or deliver to each tenant, whose unit is to be offered for sale, a firm offer of sale of the unit that the tenant leases or occupies. For a period of 60 days from the date of mailing or delivery of the offer, the tenant shall have the exclusive right to purchase his or her unit or until the tenant vacates, whichever occurs first. If a tenant fails to purchase the unit during that 60-day period, the developer may not offer to dispose of an interest in that unit during the following 180 days at a price or on terms more favorable to another prospective purchaser than offered to the affected tenant.

2.

Upon acceptance by a prospective purchaser and the signing of the offer-of-sale, the earnest money shall be deposited by the developer immediately in an escrow account with a land title company licensed in the state of Nevada, to be released to the developer only upon close of escrow.

3.

Any tenant who exercises his purchase rights under this Section forfeits the moving expenses provisions of Section 17.17.100.

(Ord. 2006-5 § 2 (part), 2006)

This section applies only to conversions. The developer of a condominium conversion project shall submit a physical elements report to all purchasers, the building division and the planning division. The physical elements report shall be submitted with the final parcel or subdivision map, shall be prepared by an architect or civil/structural engineer licensed in the state of Nevada, and shall be approved by the appropriate reviewing agencies, and must include, but is not limited to, the following:

1.

A report detailing the structural condition of all elements of the property including, but not limited to: foundations, floors, walls, ceilings, roofs, windows, insulation, utilities, energy rating, electrical, plumbing, mechanical equipment, elevators, sound transmission, and appliances, of each building; parking facilities including, but not limited to parking areas, carports, garages, parking lot landscaping; and recreational facilities, community facilities, limited common elements, and landscaping exterior to the building(s).

2.

Regarding each such element, the report shall state, to the best knowledge or estimate of the person who prepares the report, when such element was built; the age of mechanical equipment and appliance element; the condition of each element; when said element was replaced; and any variation of the physical condition of said element from the Carson City Title 15 (Building) and Title 18 (Zoning Ordinances) and the development standards in effect. The report shall identify any items that have a useful life of less than 5 years and any defective or unsafe elements and set forth the proposed corrective measures to be employed.

3.

A statement of repairs and improvements to be made by the developer, necessary to refurbish and restore the project to achieve a high degree of appearance and safety, and compliance with the fire and building codes in effect at time of conversion.

4.

The developer shall bring all defects and inadequacies into compliance with Section 17.17.040 and with state law.

5.

As repairs and improvements are made, the developer shall prepare and submit amended physical elements reports at 60-day intervals.

(Ord. 2006-5 § 2 (part), 2006)

Condominium projects of entirely new construction shall be governed by city codes in effect at the time of submittal of the building permit application(s), provided however that all special use permit and subdivision approvals have been obtained, as required under this chapter.

(Ord. 2006-5 § 2 (part), 2006)

1.

A true and correct copy of all covenants, conditions, equitable servitudes and deed restrictions shall be given to each prospective purchaser of a unit, and shall be attached to the developer's final subdivision or parcel map(s) upon recordation.

2.

The developer shall attach to his final subdivision or parcel map(s) a copy of cost projections, along with the basis used for arriving at those cost projections, for liability and fire insurance of the common areas and condominium structures; and for the utilities, use, maintenance and repairs of all common areas. A true and correct copy of all cost projections required in this subsection shall be given to each prospective purchaser of a unit.

3.

The covenants, conditions, equitable servitudes and deed restrictions shall provide for solid waste and recyclables collection procedures and appurtenances.

(Ord. 2006-5 § 2 (part), 2006).

There shall be no clause in the sales contract between the developer and the prospective purchaser of a unit that would create an exclusive sales agreement with the developer or any real estate agent as to the resale of a unit. Any condominium owner shall have the right to decide which agent, if any, shall be used in the subsequent sale of a unit.

(Ord. 2006-5 § 2 (part), 2006).

Once the association has been established, pursuant to NRS 116.3101, the association shall have the right to choose and hire any condominium manager if it wishes.

(Ord. 2006-5 § 2 (part), 2006).

The developer of a condominium project shall post security (performance bond, letter of credit, latent defects bond, contractor's control account, escrow account) in the manner and amount to be determined at the time the board of supervisors approves the parcel or subdivision or parcel map(s). The security shall cover latent defects. The security shall extend for 1 year from the date of sale of a unit by the developer, and for 1 year from the date of sale of the last unit for common areas, elements and amenities.

(Ord. 2006-5 § 2 (part), 2006).

1.

Any person who willfully violates any provision of this chapter, or who willfully makes or allows to be made untrue or misleading statements of material fact, or who willfully fails to state any fact required to be stated therein shall be subject to the penalties described in Title 18 of the Carson City Municipal Code.

2.

Nothing herein shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled.

(Ord. 2006-5 § 2 (part), 2006).

Once a common-interest community has been established, its termination shall only be executed in accordance with the provisions of NRS 116.2118 through 2119 and by filing a petition to rescind the special use permit pertaining to the common-interest community.

(Ord. 2006-5 § 2 (part), 2006).

1.

If this chapter or any of the provisions herein are or become in conflict with existing state law, the same shall be null and void as to that particular provision or section until otherwise amended or such conflict is reconciled.

2.

If any provision of this chapter is declared by a court of competent jurisdiction to be illegal or unconstitutional, it shall in no way affect the remainder of this chapter or any section thereof, it being intended that the remainder shall remain in full force and effect.

(Ord. 2006-5 § 2 (part), 2006).

The purpose of maintenance districts is to provide through the cooperation of petitioners of maintenance districts and Carson City well maintained and attractive parks, recreation facilities, trails, landscaping and open space areas that provide for the citizen's general welfare and healthy recreational opportunities.

(Ord. 2007-17 § 3, 2007).

Under Nevada Revised Statutes (hereinafter referred to as "NRS"), 278.4787, a person who proposes to divide land in Carson City for transfer or development into 4 or more lots pursuant to NRS 278.360 to 278.460, inclusive, or Chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request Carson City to assume the maintenance of certain improvements located on the land. This chapter establishes the procedures for making such requests and, if approved, for establishing and administering maintenance districts within Carson City.

(Ord. 2007-17 § 4, 2007).

Unless otherwise defined herein, the terms listed in CCMC 17.18.010 through 17.18.112 shall have the meanings ascribed to them in those sections.

As used in this chapter, the following words and terms shall have the meanings provided as follows:

"Allocation plan" means a plan provided for in the petition that assesses the relative benefits and allocates costs between the city and the assessed property.

"Arterial street and major thoroughfare" means streets that generally accommodate longer trips by motorists and higher traffic volumes, serve as connections between highways, other highly traveled roads, over geographic areas, or between regions or areas of Carson City, provide connectivity to regional facilities, or ensure continuity in the traffic patterns of the region.

"Assessed property" means each lot, parcel, or residential dwelling in the maintenance district. Notwithstanding the foregoing, property within a maintenance district which is owned by a school district, city or the federal government shall not be assessed property.

"Assessment" means the proportionate share of the assessed properties of the annual amount established by Carson City that is necessary to pay the cost to maintain the improvements located in the maintenance district which includes, without limitation, Carson City's administrative costs; the actual cost for contracted services performed; and the associated labor, equipment, insurance, utility, and material costs.

"Assessment amount" means the proportionate share of the assessment of each owner of assessed property.

"Assessment period" means the period from the creation of the maintenance district through the next-occurring July 1, and each successive period of time running from and including July 1 to and including June 30 of the following year.

"Board" means the Carson City board of supervisors.

"CC&Rs" means covenants, conditions and restrictions.

"City directors" means the finance director of the Carson City finance department, the planning director of the Carson City planning division, the fire chief of the Carson City fire department, the city engineer of the development engineering division, and the Carson City treasurer, or the designee of any of the foregoing.

"Defensible space" means the area between a house and an oncoming wildfire where vegetation has been managed to reduce the wildfire threat and allow firefighters to safely defend the house.

"Developer" means the subdivider, as defined in Section 17.02.020, or the landowner in NRS Chapter 278A.

"Development" means a subdivision, as defined in NRS 278.320, or any other area of real property to be or having been developed pursuant to a common plan or design scheme.

"Development agreement" means the written agreement provided with the petition that includes the information required by Section 17.18.050(2)(c).

"Development standards" means the development standards adopted by Carson City contained in Carson City Municipal Code Title 18.

"Financial plan" means a plan provided for in the petition detailing project costs, district set up costs, reserve studies stipulating initial reserves to be established, allocation of initial and annual costs, projected revenues and expenses for the first 5 years of operations and a projected 5 year improvement plan.

"Furnishings" means amenities associated with trails, parks and open space, consisting of but not limited to benches, trash receptacles, water fountains and bicycle racks.

"Improvement plan" means the plan submitted by petitioner pursuant to Section 17.18.050(2)(g)(6) detailing the installation of improvements in a maintenance district by petitioner.

"Improvements" consist of but are not limited to, landscaping; public lighting; security walls; and trails, parks and open space.

"Interior streets" means streets located within the boundaries of a development that principally serve the residents of such development, and their guests, by providing access to and from the residences within the development.

"Landscaping" includes, without limitation:

1.

Ground cover, trees, shrubs, grass and other ornamentation, whether natural or artificial, located:

a.

On the perimeter of a development or subdivision;

b.

On a median strip on the perimeter of a development or subdivision.

2.

Irrigation systems, electrical systems, conduits, separate metering equipment, and drainage, acceptable to Carson City, that do not exceed the water usage or energy conservation principles of xeriscape located in the maintenance district.

"List of assessed properties" means a list provided for in the petition containing a list of the properties within the proposed maintenance district that will be assessed the assessment amount.

"Maintenance" means to care for and provide upkeep of improvements which includes, without limitation, repair, reconstruction and replacement.

"Maintenance association" means a homeowners' association or landscape maintenance association created to assume maintenance of the improvements.

"Maintenance district" means an area comprised of assessed property in a development, which area is created, formed, and established, pursuant to NRS 278.4787 and this chapter, where Carson City will assume the maintenance of 1 or more of the following improvements located thereon which provide a substantial public benefit or which are required by the board of supervisors for the primary use of the public:

1.

Landscaping;

2.

Public lighting;

3.

Security walls; and

4.

Trails, parks and open space. Trails described in NRS 278.4787(5) are not included in this definition.

"Maintenance plan" means a plan provided for within the petition that details the improvements to be maintained, the schedule and levels of maintenance, the estimated time and expense that may be involved and any other information as reasonably required by the parks director.

"Master maintenance district" means a maintenance district formed for a development to be developed in phases where subsequent phases of the development are added to the maintenance district by petition, as they are developed.

"Non-regional interior trails" means trails that provide internal non-motorized transportation and recreation to the development.

"Parks director" means the director of Carson City's parks and recreation department, or his or her designee.

"Petition" means the written request of a developer or, pursuant to NRS 278.4787(7), owners of affected tracts of land or residential units, to Carson City for the creation of a maintenance district or master maintenance district.

"Petitioner" means the party or parties requesting in writing the creation of a maintenance district or master maintenance district by Carson City.

"Planning director" means the planning director of the Carson City planning division or his or her designee.

"Property" means the sum of all legal parcels of real property (including fixtures) containing improvements requested by the petitioner to be included within and maintained by the maintenance district.

"Public benefit" means the general public's benefit and use of the improvements within the maintenance district.

"Public lighting" means works or improvements useful in lighting a street, sidewalk or other place used for a public purpose.

"Regional trails" means trails that are part of the city's unified pathways master plan or that provide regional connectivity through a trail system or network.

"Security walls" means any wall composed of materials including, but not limited to, stone, brick, concrete blocks, masonry or similar building material, together with footings, pilasters, outriggers, grillwork, gates and other appurtenances, and constructed around the perimeter of a development for the purposes of security or protection of the property with the development.

(Ord. 2007-17 § 5, 2007).

1.

The parks director shall determine whether or not to accept a petition that was submitted as to form and content, and shall recommend to the board the approval or denial of a petition.

2.

The parks director shall administer approved maintenance districts in accordance with the provisions of this chapter.

3.

The parks director shall provide all the logistics for the administration of the maintenance districts and the establishment of budgets under this chapter.

4.

The parks director shall utilize development standards as adopted by Carson City.

(Ord. 2007-17 § 6, 2007).

1.

A petitioner may request, in the form of a petition:

a.

That Carson City establish a maintenance district and assume the maintenance of 1 or more of the following improvements located in the development:

(1)

Landscaping;

(2)

Public lighting;

(3)

Security walls; and

(4)

Trails, parks and open space which provide a substantial public benefit or which are required by the board of supervisors for the primary use of the public; or

b.

That a master maintenance district be established for a development to be developed in phases, where subsequent phases of the development may be added, by petition, as they are developed, and that Carson City assume the maintenance of improvements within the development and any property subsequently added to the master maintenance district. The master maintenance district petition shall include: (1) all of the requirements for a maintenance district petition provided in this section; and (2) a copy of the CC&Rs and the conditions of approval for the development which must include, to the satisfaction of the parks director, provisions allowing maintenance districts to be established for all subsequent phases of the development.

2.

Petition Requirements. In connection with the filing of the petition, petitioner shall provide the following items, information or agreements, and to the extent such item, information or agreement is not reasonably available to petitioner, petitioner shall provide in good faith a draft or estimate of the item, information or agreement, which shall be subject to cooperative review and amendment by the petitioner and parks director subsequent to the filing of the petition.

a.

Signatures. The petition must be signed by owners of 67 percent or more of the lots or units within the development petitioning for the creation of the maintenance district. In addition, a developer petitioner must provide a copy of the public offering statement required by Chapter 116 of the Nevada Revised Statutes notifying home buyers, in writing, of the possible creation of a maintenance district and the current or estimated assessment amount.

b.

Property Described. The petition must set forth descriptions of all tracts of land or residential units that would be subject to the assessment. The description of the new assessed property shall include the assessor's parcel number and legal description prepared in form and with sufficient detail suitable for recording in the official records of Carson City.

c.

Development agreement which shall include, without limitation:

(1)

An obligation to maintain improvements for: (a) a period of 2 years from the installation of such improvements; or (b) if less than 2 years from the installation of such improvements, until the maintenance of such improvements is assumed by the city;

(2)

Construction schedules;

(3)

Deadlines for improvements;

(4)

Warranties; and

(5)

Dedicated property or easements.

d.

Development Standard Requirements. The petition must provide details and construction information consistent with the requirements of the development standards within Carson City Municipal Code's Title 18, regarding the proposed improvements, including: landscape; public lighting; security walls; and trails, parks and open space plans within the development and, if required, a defensible space/fuels management plan.

e.

Allocation Plan. The petition must provide an allocation plan which determines the relative benefits and allocates costs between Carson City and the assessed property in accordance with Section 17.18.080.

f.

List of Assessed Properties. The petition must provide a list of assessed properties that sets forth: (1) the total amount of the assessment; and (2) the assessment amount to be paid by each owner of assessed property.

g.

Financial Plan. The petition must provide a financial plan which must provide, without limitation:

(1)

Detailed costs of the maintenance of improvements within the maintenance district;

(2)

Maintenance district start up costs;

(3)

Reserve studies stipulating initial reserves to be established;

(4)

Initial and annual maintenance district cost allocation;

(5)

Projected revenues and expenses for the first 5 years of operations of the maintenance district; and

(6)

A projected 5 year improvement plan.

h.

Maintenance Plan. The petition must provide a maintenance plan detailing the improvements to be maintained, the schedule and levels of maintenance (including long term maintenance and replacement costs), and the estimated time and expense that may be involved.

i.

Assessment Deposit. Petitioner shall agree to pay or furnish, and shall pay or furnish upon approval of the petition:

(1)

Upon terms and conditions agreed to by and between Carson City and petitioner, an amount agreed to by and between Carson City and petitioner that consists of the sum of:

(a)

A deposit which shall be returned to petitioner in the manner agreed to by and between Carson City and petitioner; and

(b)

The start-up costs of the maintenance district; or

(2)

(a)

A deposit in the amount of 1/6 of the assessment, which deposit shall be returned to petitioner in the manner agreed to by and between Carson City and petitioner;

(b)

A bond in the amount of 1/3 of the assessment, which bond shall be released in the manner agreed to by and between Carson City and petitioner; and

(c)

The amount of the start-up costs of the maintenance district.

j.

Warranty. The petitioner must submit a written agreement acceptable to Carson City providing a warranty for all improvements on the property including but not limited to live plants, irrigation equipment, furnishings, structures and playgrounds for, unless otherwise agreed to by petitioner and Carson City: (1) the period specified in the development agreement; (2) in the event no such period is specified in the development agreement, a period of 24 months from the time of the installation of such improvements; or (3) in the event that the property contains an existing development, a period of 24 months from the time of the assumption of the maintenance of the property by Carson City. Under such written agreement, Carson City shall agree to maintain the improvements diligently, in good repair and in such condition as existed at the time that Carson City assumed the maintenance of such improvements.

k.

Indemnification. Petitioner must agree for itself, its successors and assigns that it, its successors and assigns shall indemnify, defend at Carson City's option and by counsel approved by the city, and hold harmless Carson City, its officers, representatives, employees and agents from and against any and all actions, penalties, liability, claims, demands, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature brought by a third party and arising out of damage or loss resulting from petitioner's or petitioner's agent's improper or defective materials, installation or design of the improvements. In no event shall petitioner be required to indemnify Carson City for any actions, penalties, liabilities, claims, demands, losses, damages, expenses, or costs (including without limitation costs and fees of litigation) of any nature arising from or related to negligent, reckless, knowing, intentional or willful conduct or actions of Carson City or its officers, representatives, employees, agents or independent contractors. This provision does not prevent Carson City from joining in as a party or obtaining a settlement in any suit against a developer, contractor or subcontractor for improper or defective materials, installation or design of any improvement dedicated to Carson City.

l.

Existing Development. If an existing development petitions Carson City to create a maintenance district, an analysis must be provided as to whether existing property owners in the district will be benefited by Carson City's assumption of maintenance and whether the amount of new assessments allocated to them is reasonably related to the benefits received from the assumption of maintenance of improvements by Carson City.

m.

Dedication and Grant of Easements to Carson City.

(1)

Dedication. Unless Carson City requests an easement under Section 17.18.050(2)(m)(2) in lieu of a dedication of the property hereunder, the property shall be dedicated to Carson City with a restriction providing that the property and improvements subject to the maintenance district shall be open and available for public access. Unless otherwise agreed to by the petitioner and Carson City, such dedication of the property may be accomplished by notation in the development agreement and on the final recorded subdivision map (which notation shall include a reference to this chapter and the foregoing restriction providing for public access) or by separate deed, which deed shall include the foregoing restriction providing for public access.

(2)

Easements.

(a)

If the property is not dedicated to Carson City, the petitioner must grant Carson City, its agents, employees, and contractors a nonexclusive right, for so long as the maintenance district maintains the property, to enter and access the property to the extent necessary to inspect and/or maintain the improvements to the property.

(b)

If the property is not dedicated to Carson City, a nonexclusive easement shall be granted to Carson City by the petitioner sufficient to allow for the use of the property by the general public.

(c)

Where access to additional real property of the petitioner is necessary or reasonable to carry out the maintenance of the property, the petitioner shall grant to Carson City, its agents, employees, and contractors, for so long as the maintenance district maintains the property, an easement for access, ingress and egress across, through, over and under such additional real property of the petitioner for the purpose of maintaining the property and the improvements thereon.

(3)

Existing Development. The dedication of property or the grant of easements thereon shall be determined by the petitioner and the parks director within the petition.

n.

Additional Information. The petition must provide any additional information reasonably required by the parks director.

o.

Timelines. Unless waived by the parks director, petitions for a development that is not yet subdivided by a final subdivision map under NRS Chapter 278 must be submitted to the parks director no later than 90 days prior to approval of the first final subdivision map for the development. Existing developments may submit petitions to the parks director at any time under the conditions set forth in NRS 278.4787(7).

p.

Fee. A filing fee, as set by a schedule of fees to be adopted by the board, shall be due and payable to Carson City as a prerequisite to any official consideration of the petition. No part of the filing fee will be refunded in the event that the petition is not approved or for any reason other than cause.

3.

Estimate of Assessment and Assessment Amounts. The good faith estimate of the assessment and assessment amounts provided to Carson City by petitioner under Section 17.18.050(2) in connection with the petition shall have been conducted by a person licensed as a community manager and/or reserve study specialist under Chapter 116A of the NRS. If the board has conditioned the approval of a tentative subdivision map of a development upon the assumption of the maintenance of the property by a maintenance district, such condition of approval shall be removed or otherwise waived by the board in the event that the assessment or assessment amounts estimated by Carson City to be incurred in connection with the assumption of the maintenance of the property exceeds the good faith estimate of the assessment or assessment amounts provided by petitioner by an amount greater than 33 ⅓ percent of the good faith estimate of the assessment or assessment amounts provided by petitioner.

(Ord. 2007-17 § 7, 2007).

1.

Petition Must Comply with this Chapter.

a.

Petition Accepted. Within 20 working days after receiving a petition, the parks director shall determine whether the petition complies with this chapter. If the parks director determines that the petition complies with the requirements of this chapter the petition shall be accepted. If the parks director fails to accept the petition within 20 working days after it is received, the petition will be deemed rejected.

b.

Petitions Rejected. If the parks director determines that the petition does not comply with this chapter, the petition shall be rejected. Upon such rejection, the parks director shall notify petitioner of the rejection in writing and shall set forth the reasons for such rejection. Petitions which have been rejected can be resubmitted within 60 days after the parks director's notification of rejection with the additional information requested. Should petitioner choose not to submit the petition with the additional information within the 60 days and requests an appeal of the park director's decision, the parks director shall proceed as if he or she determined that it is not desirable to accept the petition. See subsection 17.18.060(2)(d).

2.

Parks Director's Preliminary Determination.

a.

Immediately upon the acceptance of the petition by the parks director, the parks director shall forward the petition to the city directors for their review, consideration and recommendation as to whether such city director believes it would be desirable for Carson City to assume the maintenance of the improvements and establish a maintenance district. The city directors may consider the nonexclusive list of factors provided in subsection 17.18.060(2)(c). Within 20 days of receipt of the petition from the parks director, the city directors shall forward their recommendations to the parks director for his or her preliminary determination. If a city director fails to forward a recommendation to the parks director within 20 days, such city director shall be deemed neutral as to the recommendation of the petition.

b.

Upon the expiration of the 20 day period for review by the city directors, the parks director shall forward the petition, along with the recommendations of the city directors, to the parks and recreation commission for its review, consideration and recommendation as to whether the parks and recreation commission believes it would be desirable for Carson City to assume the maintenance of the improvements and establish a maintenance district. The parks and recreation commission may consider the nonexclusive list of factors provided in subsection 17.18.060(2)(c). Within 40 days of receipt of the petition from the parks director, the parks and recreation commission shall forward its recommendations to the parks director for his or her preliminary determination. If the parks and recreation commission fails to forward a recommendation to the parks director within 40 days, the parks and recreation commission shall be deemed neutral as to the recommendation of the petition.

c.

Within 60 days after the petition is accepted, the parks director shall make a preliminary determination as to whether it is desirable to accept the petition to establish a maintenance district. The following nonexclusive list of factors may be considered:

(1)

Whether all or any portion of the improvements should be included within the maintenance district;

(2)

The type of improvements to be maintained in the maintenance district and the level of standards to which the improvement maintenance will be considered acceptable;

(3)

The amount by which the public will benefit from the maintenance of the improvements by Carson City and the amount Carson City will contribute in direct relation to that benefit pursuant to Section 17.18.080;

(4)

The assessment to be paid to Carson City for expenses associated with the costs of the maintenance district;

(5)

The basis of the assessment amount for each parcel of real property on a periodic basis;

(6)

Whether all or a portion of the parcels of real property should be included within the maintenance district in accordance with the petition;

(7)

Whether the maintenance of the improvements in a single development, or cumulatively with other maintenance districts in Carson City, would create an unreasonable administrative or financial burden upon Carson City;

(8)

Whether the location of the maintenance district would interfere with Carson City's ability to efficiently and effectively maintain improvements on the property;

(9)

Whether the improvement plan submitted by the petitioner is consistent with the requirements of Carson City Municipal Code, Carson City design standards, and Carson City's master plan and its sub-elements;

(10)

Whether the proposed improvements are compatible with the character of the area of Carson City in which the improvements will be located;

(11)

Whether the landscape improvements are constructed to the standards of and are acceptable to Carson City and all improvements are constructed to applicable codes and standards;

(12)

The recommendations of the City Directors and parks and recreation commission; and

(13)

Any other relevant matters.

d.

If the parks director makes a preliminary determination that it is not desirable to accept the petition to establish a maintenance district, he or she shall inform the petitioner in writing explaining the reasons why the determination was made, and shall place the petition and his recommendation on the next regularly scheduled board meeting agenda for action by the board.

3.

Board of Supervisor's Public Hearing. After the parks director makes his or her preliminary determination, the parks director shall schedule the petition with his or her recommendation before the board at its next regularly scheduled meeting to review and take action upon the petition and any other matters provided for in this chapter.

a.

Notice. The parks director shall give notice of the board's public hearing to the petitioner and to all owners of assessed property by mailing a copy of the notice by first class U.S. mail, postage prepaid, not less than 10, nor more than 30 days before the public hearing. The notice shall include: (1) a map or description of the maintenance district and property; (2) a statement whether a separate maintenance district will be established or whether the maintenance district will be included in an established maintenance district; (3) a description of the maintenance services to be performed; (4) a description of the assessed property; (5) the proposed amount of the total assessment and the assessment amount of each owner of assessed property or a description of where the proposed list of assessed properties may be obtained; and (6) the date, time, and location of the public hearing and a statement that all persons may present their views at the hearing. A copy of the notice shall be published in a newspaper of general circulation once, not less than 10, nor more than 30 days before the public hearing.

b.

Board's Action at Public Hearing.

(1)

Denial of Petition. At the end of the public hearing if the board decides to deny the petition for any reason and not assume the maintenance of the applicable improvements within the maintenance district, the parks director shall inform the petitioner in writing, and shall explain the decision of the board.

(2)

Adoption of Petition. At the end of the public hearing if the board decides to adopt the petition for any reason and assume the maintenance of the applicable improvements within the maintenance district, the city shall file with the Carson City recorder a notice of the creation of the maintenance district, which notice shall include the petition in the form adopted. The costs of recording the notice must be paid by the petitioner.

(3)

Continuance. At the end of the public hearing the board may continue a consideration of the petition for up to 60 days from the initial public hearing. Upon expiration of such 60 day period, the board may not further continue consideration of the petition without the consent of petitioner, and, without such consent, must adopt or deny the petition.

(Ord. 2007-17 § 8, 2007).

1.

Notice of Board Decision. Once the notice of creation of the maintenance district has been filed with the Carson City recorder and a maintenance district has been created, the parks director shall issue a notice of board decision which the parks director shall send, by first class U.S. mail, postage prepaid, to each owner of assessed property, as indicated in the records of the Carson City assessor. The notice of board decision shall:

a.

Contain the adopted petition on file with the Carson City recorder that states that the maintenance district is subject to change by the parks director;

b.

Contain the approved list of assessed properties that states that assessment amounts are subject to change by the parks director;

c.

Notify all owners of assessed property that such owner's assessment amount shall be paid in conjunction with such owner's property taxes. Nonpayment of the assessment amount has the same priority as a lien for property taxes, or as may otherwise be provided by law;

d.

State that the maintenance district shall be administered in accordance with this chapter;

e.

List all conditions which must be met before Carson City assumes maintenance of the property; and

f.

Address any other matters that the parks director determines to be relevant to the maintenance district.

2.

Petition Expiration.

a.

A petition approved by the board of supervisors shall expire in 1 year from the date of approval by the board of supervisors, unless all conditions of approval of the petition are met and construction of improvements is commenced within that time period.

b.

The board of supervisors shall have the discretion to establish alternative time limits than those established by this section.

3.

Additional Requirements. The board of supervisors may impose other conditions deemed necessary and appropriate at the time of the public hearing creating the maintenance district.

4.

Amendment of a Maintenance District. The maintenance district is subject to change by the parks director, in his or her discretion, upon the filing of a notice of such change with the Carson City recorder. Notwithstanding the foregoing, any and all significant or substantial changes to the maintenance district, including but not limited to a 10 percent change in the amount of the assessment or a cessation or change in maintenance, must be duly approved by the board.

(Ord. 2007-17 § 9, 2007).

1.

The parks director shall use the following criteria listed below to determine the relative proportions in which the maintenance of the property by Carson City will benefit the assessed properties and the public. The parks director may evaluate each proposed maintenance district on its own merits to determine if a different allocation is warranted based on information presented to him or her by the petitioner or otherwise available to him or her, and may adjust such allocation based on such information.

2.

Landscaping. The initial installation, construction and costs of providing landscaping shall be borne by the petitioner, and Carson City and the assessed property shall bear the costs incurred in maintaining the landscaping in the allocations that follow, or as such allocations are adjusted by the parks director.

a.

Interior Streets. Landscaping along interior streets of developments are presumed to benefit the development 100 percent and the public 0 percent. This presumption contemplates that the enhanced land values and pedestrian safety benefit only the residents in the development and their invitees.

b.

Arterial Streets and Major Thoroughfares. Landscaping along arterial streets and major thoroughfares is presumed to benefit the development 70 percent and the public 30 percent. This presumption contemplates that the enhanced land values and pedestrian safety benefit mainly the residents in the development and their invitees.

3.

Public Lighting. The initial installation, construction and costs of providing public lighting shall be borne by the petitioner, and Carson City and the assessed property shall bear the costs incurred in maintaining the public lighting in the allocations that follow, or as such allocations are adjusted by the parks director.

a.

Interior Streets. Public lighting along interior streets of developments is presumed to benefit the development 100 percent and the public 0 percent. This presumption contemplates that the security and safety benefit only the properties within the illumination sphere of the light.

b.

Arterial Streets and Major Thoroughfares. Public lighting along arterial streets and major thoroughfares is presumed to benefit the development 70 percent and the public 30 percent. This presumption contemplates that the enhanced land values and pedestrian safety benefit mainly the residents in the development and their invitees.

4.

Security Walls. The initial installation, construction and costs of providing security walls shall be borne by the petitioner, and Carson City and the assessed property shall bear the costs incurred in maintaining the security walls in the allocations that follow, or as such allocations are adjusted by the parks director. The maintenance of a security wall excludes maintenance of the sides of the wall facing assessed property, but expressly includes reconstruction of the security wall in the event of structural damage to the security wall not arising from, related to or caused by actions of the owner of the assessed property adjacent to the damaged portion of such security wall.

All security walls are presumed to benefit the development 100 percent and the public 0 percent. This presumption contemplates that the security and sound protective walls benefit only the residences within the development.

5.

Trails. The initial installation, construction and costs of providing trails shall be borne by the petitioner, and Carson City and the assessed property shall bear the costs incurred in maintaining the trails in the allocations that follow, or as such allocations are adjusted by the parks director.

a.

Regional Trails. Regional trails shall be presumed to benefit the development and the public as follows:

(1)

Trails' surfaces and furnishings are presumed to benefit the development 70 percent and the public 30 percent.

(2)

Associated landscaping is presumed to benefit the development 70 percent and the public 30 percent.

b.

Non-Regional Interior Trails. Non-regional trails are presumed to benefit the development 100 percent and the public 0 percent. This presumption is based on the fact that these trails will be used primarily by residents of the development for non-motorized transportation throughout the development.

6.

Parks and Open Space. The initial installation, construction and costs of providing parks, open space and defensible space shall be borne by the petitioner, and Carson City and the assessed property shall bear the costs incurred in maintaining the parks and open space in the allocations that follow, or as such allocations are adjusted by the parks director.

a.

Parks and Open Space. Parks and open space are presumed to benefit the development 70 percent and the public 30 percent. This presumption is based on the fact that while parks and open space projects can be used by the public and city residents at large, they will be primarily used by residents of the development and the development will derive direct benefit from their installation and maintenance.

b.

Defensible Space. Defensible space is presumed to benefit the development 70 percent and the public 30 percent. This presumption is based on the fact that the costs of creating and maintaining defensible space areas, including but not limited to hazardous wildland fuel reduction work, is provided for the prevention of wildland fires and the protection of the development's residents.

(Ord. 2007-17 § 10, 2007).

1.

Generally. The assessment amount constitutes a lien upon an assessed property. The lien must be executed, and have the same priority, as a lien for property taxes. Assessment amounts shall be collected in the same form and manner as other real property taxes.

2.

Assessment Standards (Nonexclusive List).

a.

Only assessed property that is or will be benefited by the maintenance district, as determined by the parks director, shall be assessed. In the case of a lot line adjustment or parcel split, the parks director shall reallocate the assessment between the assessed properties. The individual circumstances or desires of a particular property owner do not determine the benefit to such owner's assessed property.

b.

The assessment amount of each assessed property shall be an equal amount of the assessment.

c.

The assessment may not exceed the costs incurred by Carson City in maintaining the property, including but not limited to the costs set forth in Section 17.18.110(1).

d.

If the costs and expenses set forth in Section 17.18.110(1) increase by 10 percent or more, upon approval of the board, the assessment shall be increased accordingly during the remainder of the assessment period.

e.

The parks director shall submit to the Carson City treasurer by June 1st of each year a list of parcel numbers and the assessed amount for each assessed property.

(Ord. 2007-17 § 11, 2007).

1.

The method for allocating an amount of public money to pay the costs that will be incurred by Carson City in assuming the maintenance of the property, shall be the costs and expenses, plus overhead, directly incurred by Carson City as a result of the maintenance of such property, which costs and expenses shall include, but are not limited to:

a.

Costs of city employees or independent contractors (including professional services);

b.

Cost of all materials, supplies, replacements, and parts used;

c.

Utility costs for water, sewage disposal and electrical power;

d.

Annual contributions to or replenishment of reserves for long term maintenance costs such as painting, replacements, repaving, repairs, and similar long term costs;

e.

Cost of providing insurance for public liability;

f.

Administrative costs, including, but not limited to, mailing and publication costs, copy costs, computer costs (including hardware and software), costs of collecting and enforcing liens, legal fees, consulting fees;

g.

Administrative fees, including accounting fees, supervision fees, legal fees and other administrative costs for administering the district and maintaining the project; and

h.

Repayment of reserves, loans or advances, with interest, made to cover any shortfalls for the previous year.

2.

Carson City shall pay the portion of the costs and expenses of the maintenance of the property allocated to the city under this chapter.

3.

The costs, expenses and overhead allocated under Section 17.18.110(1) to the assessed property shall not include the portion of a cost, expense, expenditure or overhead incurred or utilized by Carson City for a purpose other than maintaining the property.

(Ord. 2007-17 § 12, 2007).

1.

By Carson City. Upon notice to the owners of assessed property, the parks director may request a public hearing to review and determine whether it is desirable to continue the maintenance district in accordance with this chapter. If the parks director determines it is not desirable to continue the maintenance district, he or she shall place an item on the next regularly scheduled board of supervisor's meeting agenda for board approval to dissolve the maintenance district. The board item shall specify the procedures for dissolution of the district. This shall include at a minimum the requirement that the owners of assessed property shall within 6 months of dissolution of the maintenance district form a maintenance association approved by the city to assume the responsibility for maintenance of the property. The maintenance district shall continue to be in force until the board approves dissolution and a maintenance association is created. Once the board approves dissolution, the city shall be responsible for conveying the property to the maintenance association or terminating or otherwise abandoning the easements.

2.

By Petitioner. If owners of 67 percent or more of the assessed properties request dissolution of the maintenance district, such owners may petition the parks director for dissolution of the maintenance district. The parks director shall investigate the request and make a preliminary determination, within 20 days of the receipt of the petition, as to whether the relinquishment of Carson City's maintenance responsibilities to a maintenance association: (1) will result in equal or better maintenance of the property; (2) is in the best interest of the assessed properties; (3) is in the best interest of the general public; and (4) if such owners are capable of forming, within 6 months, a maintenance association approved by the city to assume the responsibility for maintenance of the property.

Upon the preliminary determination of the parks director, the parks director shall schedule the petition before the board at its next regularly scheduled meeting. The board item shall specify: (1) the recommendation of the parks director; and (2) the procedures for dissolution of the maintenance district. The maintenance district shall continue to be in force until the board approves dissolution and a maintenance association is created. Except as otherwise provided by a statute, ordinance, regulation or other law, once the board approves dissolution, the city shall be responsible for conveying the property to the maintenance association or terminating or otherwise abandoning the easements.

(Ord. 2007-17 § 13, 2007).

In addition to, and without limiting, the right to automatically have a petition heard by the board under Section 17.18.060, a person aggrieved by a decision, finding, action or recommendation of the parks director, which decision, finding, action or recommendation was made after the approval of a petition by the board, may appeal such decision, finding, action or recommendation to the board by filing a notice of appeal with the board setting forth the reasons for such appeal and requesting that such appeal be placed on the agenda of the next regularly scheduled meeting of the board. The board shall hear and take action upon such appeal at such next regularly scheduled meeting.

(Ord. 2007-17 § 14, 2007).