This chapter shall be known as the "Churchill County Maintenance District Ordinance."

(Bill No. 2006-D § 1, 2006)

1. The division of lands into four or more lots, pursuant to NRS §§ 278.360 to 278.460, or NRS ch. 278A (planned unit developments), creates a unity of interest, or a common interest, in improvements made to the land, by all owners, and their successors in interest, including landscaping, security walls, trails, parks and open space which provide a substantial public benefit or which are required by the governing body for the primary use of the public.
2. Two common methods exist for the maintenance of improvements made to land: 1) the creation of an association for a common interest community, pursuant to NRS § 116.001 et seq., to provide for maintenance; or 2) the assumption of such maintenance by a governing body.
3. The intent of this chapter is to secure maintenance of common interest improvements made to land.
4. The board specifically finds that the procedures governing maintenance of common interest improvements to land must be made and provided for at the time of approval of a final map, so as to eliminate the possibility that as a subdivision or planned unit development is built out, that maintenance of common interest improvements be neglected or not be otherwise provided for.
5. The board further finds that the owner or owners of land seeking maintenance of common interest improvements to land, by the county, must provide for full disclosure of all maintenance assessment duties and costs to all successors in interest to all properties which shall be subject to an assessment for maintenance under this chapter.

(Bill No. 2006-D § 1, 2006)

1. Except as otherwise provided for by NRS § 278.372 to 278.378, any final map presented for approval under NRS §§ 278.360 to 278.460, or 278A.010 et seq., must include a certificate by the parks and recreation director for Churchill County, stating that he has accepted or rejected on behalf of the public any maintenance associated with common interest improvements made to the land.
2. Any acceptance or rejection of maintenance district made pursuant to this section must bear, in substantial form, the following:
   
   COMMON INTEREST IMPROVEMENTS TO LAND
   
   CHURCHILL COUNTY ASSUMES/REJECTS DUTIES OF MAINTENANCE FOR COMMON INTEREST IMPROVEMENTS TO LAND ___________ CONSISTING OF ___ ACRES OF OPEN SPACE; THAT AN ASSESSMENT DISTRICT FOR MAINTENANCE HAS BEEN CREATED PURSUANT TO TITLE ___, CHAPTER ___ OF THE CHURCHILL COUNTY CODE UPON PETITION MADE BY THE OWNER ON THIS ___ DAY OF ___, 20___.
   
   ____________
   PARKS AND RECREATION DIRECTOR
3. The owner of land shall provide notice of any assessment district created under this chapter to any subsequent owner or successor in interest by inclusion in a document of transfer disclosure of any assessment made and a duty to pay such assessment running with the land.

(Bill No. 2006-D § 1, 2006)

1. Unless otherwise defined herein, the terms listed in chapter 16.24 of this title, as amended, shall have the meanings ascribed to them therein.
   1. As used in this chapter, the following words and terms shall have the meanings ascribed to them herein:
      
      Assessed property. Each lot, parcel, or residential dwelling will be assessed in the district to pay for a portion of the project costs. Property within a maintenance district, which is owned by a school district, county, state or the federal government, shall not be assessed property.
      
      Developer. A person, firm, individual, corporation, trust, syndicate, partnership or owner engaged in the act of causing a land development.
      
      Land development or development.
      1. Any real property, improved or unimproved, or portion thereof, shown on the latest adopted tax roll as a unit or as contiguous units, which is divided for the purpose of sale, lease or financing, whether immediate or future, by anyone into five or more parcels within any one calendar year or, if the intent of offering over four lots for sale regardless of time period is evident, the planning commission may declare an act of subdividing.
      2. "Subdivision" does not include the following:
         1. Any parcel of land in which all of the following conditions exist:
            1. Contains less than five lots, parcels, sites, units or plots, for the purpose of any transfer, development or any proposed transfer or development,
            2. Abuts dedicated street/road rights of way,
            3. No street openings are required to divide lots,
            4. Lot design meets the approval of the governing body;
         2. Any parcel of land divided into lots or parcels each of which net five acres or more, a tentative plat of which has been approved by the governing body as to street alignments, widths, drainage and lot design;
         3. Any land platted for cemetery purposes.
      Land divider. A person or governmental entity which causes land to be divided into two or more parcels or a subdivision for himself or for others.
      
      Petitioner. The developer or owners of the assessed property who petition to the county to maintain the project under section 16.13.050 or 16.13.060 of this chapter.
      
      Project. All improvements to be maintained by the county and for which a maintenance district is authorized under NRS § 278.4787, as amended and existing at the time a petition is filed with the county, including:
      1. Landscaping on the perimeter or median strip of a development (as defined in NRS § 278.4781).
      2. Trails, parks and open space which provide a substantial public benefit or which are required by the county commission for the primary use of the public, per NRS § 278.4787(1)(d). Trails, as designated in the county master plan, described under NRS § 278.4787(5) are not included in this definition.
      Project costs. All costs that are or will be incurred in maintaining the project in accordance with the approved maintenance plan, including, but not limited to, the costs identified in section 16.13.090 of this chapter.
      
      Project land. The real property (including fixtures) on which the project is located.
      
      Regulations. Administrative regulations adopted by the county regarding the administration of maintenance districts under this chapter.

(Bill No. 2006-D § 1, 2006)

1. The parks and recreation director is hereby designated under NRS § 278.4787(3) to recommend to the county commission to approve or disapprove petitions and administer maintenance districts in accordance with the provisions of this chapter.
2. The county commission is hereby delegated the authority to conduct fiscal year reviews and approvals of ongoing project costs, budgets and assessments.
3. The parks and recreation director and parks and recreation commission shall establish and may from time to time amend administrative regulations consistent with this chapter. Administrative regulations and amendments need not be approved by the county commission prior to their enactment, but the county commission must be advised of such amendments. Administrative regulations and amendments may be reviewed by the county commission at any time.

(Bill No. 2006-D § 1, 2006)

1. A developer may declare, at the time of submission of a tentative map, for a planned unit development or subdivision, his intent as follows:
   1. That the county assume maintenance responsibilities for a project to be constructed in a subdivision or planned unit development;
   2. To establish a master maintenance district for a series of subdivisions within a planned unit development where all of the requirements for a maintenance district for a single subdivision would be established, and individual units of the planned unit development would be added, by petition, as they are developed. The petition shall include: a) all of the requirements under section 16.13.060 of this chapter for the first development and b) a copy of the CC&Rs and the conditions of approval for the planned unit development which must include, to the satisfaction of the parks and recreation director and the parks and recreation commission, provisions allowing maintenance districts to be established.
2. The parks and recreation director and the parks and recreation commission shall review the request for a maintenance district prior to the approval of a final map of a planned unit development.
   1. Prior to the submittal of a final map, a developer must submit the request for a maintenance district to the parks and recreation director.
   2. The parks and recreation director and the parks and recreation commission shall file a recommendation with the planning commission prior to final map approval.
3. If the parks and recreation director and the parks and recreation commission determine that it is desirable to establish the maintenance district, the parks and recreation director and the parks and recreation commission shall prepare and review the following with the county clerk/treasurer and the district attorney:
   1. 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.
   2. An allocation plan which determines the relative benefits and allocates costs between the county and the assessed property in accordance with section 16.13.070 of this chapter.
   3. A financing plan prepared in accordance with the regulations detailing project costs, district setup costs and initial reserves to be established, and how initial and annual costs are to be allocated and the projected revenues and expenses for the first year of operations.
   4. An assessment roll for that portion of costs to be paid by the owners of assessed properties, which includes the amount of assessment for each assessed property as defined in the final map, calculated as set forth in section 16.13.080 of this chapter and how and where the assessments are to be paid.
   5. If the project is to be included as part of an existing district, an analysis whether existing property owners in the district will be benefited by the assumption of maintenance of the project and whether the new assessments allocated to them are reasonably related to the benefits received from the project.
4. Upon completion and approval of any final agreement for the creation of a maintenance district, by the parks and recreation commission, any such agreement shall next be presented to the planning commission for its approval concurrently with the final map. The board of county commissioners shall have final authority to approve or disapprove a maintenance district at the time of submission of a final map.
5. Once a maintenance district is approved by the board of county commissioners, the parks and recreation director shall file an order with the county clerk/treasurer which:
   1. Creates a new maintenance district or a new unit of assessment in an existing district, or includes new units of assessed property in an existing district. 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 Churchill County.
   2. Adopts the maintenance plan, allocation plan, finance plan, and agreement with the developer on file with the county clerk/treasurer, and states that they are subject to change by the parks and recreation director and the parks and recreation commission after consultation with the county commission.
   3. Approves the assessment roll, which shall be attached to the order, and states that assessment amounts are subject to change by the parks and recreation director and the parks and recreation commission after consultation with the county commission.
   4. States that the assessment constitutes a lien upon the assessed property and that the lien must be executed, and has the same priority, as a lien for property taxes, or as may otherwise be provided by law, including NRS § 278.4787.
   5. States that the maintenance district shall be administered in accordance with this chapter, and any administrative regulations established by the county.
   6. Lists all conditions which must be met before the county accepts dedication of the project and assumes the maintenance responsibilities.
   7. Addresses any other matters that the parks and recreation director and parks and recreation commission determine to be relevant to the maintenance of the improvements.
   The parks and recreation director shall hand deliver, or mail by first class mail, the order to the developer and property owner(s).
   
   Unless otherwise agreed, project land shall be dedicated to the county which may be accomplished either by notation on the final subdivision map (which notation shall include a reference to this chapter) or by separate deed. If the land is not to be dedicated, an easement shall be granted by the project land owner(s) sufficient to enable the county to maintain the project.

(Bill No. 2006-D § 1, 2006)

Procedures for review of petitions and establishment of maintenance districts in cases when a maintenance district was not established as part of a subdivision or planned unit development approval.

1. The petition must be signed by a majority of the owners of the assessed property, and must request that the county agree to assume maintenance responsibilities and establish a maintenance district under this chapter and NRS § 278.4787, and must provide the information required by an application for petition.
2. The parks and recreation director and parks and recreation commission may enter into agreements to convert or combine preexisting maintenance districts into districts under this chapter provided that the conversion is authorized by NRS § 278.4787 and the conversion or combination would be in accordance with this chapter. The county commission must be advised of the conversion.
3. Within 30 working days after receiving a petition, the parks and recreation director and parks and recreation commission shall determine whether the petition is complete and shall reject it if it does not comply or it is incomplete. If the parks and recreation director fails to reject the petition within 30 working days after it is received, the petition will be deemed accepted. Petitions that have been rejected may be resubmitted at any time.
4. If a petition is accepted (but it has not yet been determined complete) for consideration and the parks and recreation director later seeks information from the petitioner, the time period set forth in subsection G of this section is not tolled until the information is received, and if the petitioner fails to provide it within 30 days, the petition is deemed rejected.
5. Upon acceptance of a petition, the parks and recreation commission and the parks and recreation director shall review the petition with the county clerk/treasurer and the director of planning and shall consult with them in determining whether it would be desirable for the county to assume the maintenance of the proposed improvements and establish a maintenance district.
6. Within 60 days after the petition is accepted, the parks and recreation director shall schedule the petition for a county commission hearing. The parks and recreation director shall give notice of the 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 ten nor more than 30 days before the hearing. The notice shall include: 1) a map or description of the maintenance district area; 2) a statement whether a separate maintenance district will be established or whether the district will be included in another maintenance district; 3) a general description of the maintenance services to be performed; 4) a general description of the assessed property; 5) the proposed amount of the annual assessments or a description of where the proposed assessment roll may be obtained; 6) the date, time and location of the public hearing; 7) a statement that all persons may present their views at the hearing; and 8) a statement that decisions of the parks and recreation commission may be appealed to the county commission. A copy of the notice shall be published in a newspaper of general circulation once not less than ten nor more than 30 days before the hearing.
7. If the parks and recreation commission determines that it is desirable to establish the maintenance district, the parks and recreation director shall submit the following to the county commission:
   1. 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.
   2. An allocation plan which determines the relative benefits and allocates costs between the county and the assessed property in accordance with section 16.13.070 of this chapter.
   3. A financing plan prepared in accordance with the regulations detailing project costs, district setup costs and initial reserves to be established, and how initial and annual costs are to be allocated and the projected revenues and expenses for the first year of operations.
   4. An assessment roll for that portion of costs to be paid by the owners, and successors, of assessed properties, which includes the amount of assessment for each assessed property calculated as set forth in section 16.13.080 of this chapter and how and where the assessments are to be paid.
   5. If the project is to be included as part of an existing district, an analysis whether existing property owners in the district will be benefited by the assumption of maintenance of the project and whether the new assessments allocated to them are reasonably related to the benefits received from the project.
8. If the parks and recreation commission determines that it is not desirable for the county to approve the petition and establish a maintenance district, the parks and recreation director shall submit his report and justification to the county commission.
9. The county commission shall review the petition and either approve the maintenance plan as proposed by the parks and recreation director, approve the maintenance plan with modifications or deny the petition and maintenance plan.
10. If the petition and maintenance plan are approved by the county commission, the parks and recreation director shall file an order with the county clerk/treasurer, which:
    1. Creates a new maintenance district or a new unit of assessment in an existing district or which includes new units of assessed property in an existing district. 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 Churchill County.
    2. Adopts the maintenance plan, allocation plan, finance plan, and agreement with the developer on file with the county clerk/treasurer, and states that they are subject to change by the parks and recreation commission after consultation with the county commission.
    3. Approves the assessment roll, which shall be attached to the order, and states that assessment amounts are subject to change by the parks and recreation commission after consultation with the county commission.
    4. States that the assessment constitutes a lien upon the assessed property and that the lien must be executed, and has the same priority, as a lien for property taxes, or as may otherwise be provided by law, including NRS § 278.4787.
    5. States that the maintenance district shall be administered in accordance with this chapter, and the regulations.
    6. Lists all conditions which must be met before the county accepts dedication of the project and assumes the maintenance responsibilities.
    7. Addresses any other matters that the parks and recreation director and parks and recreation commission determines to be relevant to the maintenance of the improvements.
    The parks and recreation director shall mail, by first class mail, the order to each owner of the assessed property, as indicated in the records of the county assessor, and shall deliver a copy to each member of the county commission.
    
    Unless otherwise agreed, project land shall be dedicated to the county which may be accomplished by a deed. If the land is not to be dedicated, an easement shall be granted by the project land owner(s) sufficient to enable the county to maintain the project.

(Bill No. 2006-D § 1, 2006)

1. Pursuant to NRS § 278.4787(3)(c), the parks and recreation director shall use the following method to determine the relative proportion in which the assumption of the maintenance project by the county will benefit the assessed properties and the public. To determine the relative proportion of benefits, the parks and recreation director shall use the presumptions listed below, but may evaluate each proposed project on its own merits to determine if a different proportion is warranted based on information presented to him by the petitioner or otherwise available to him. The relative proportions of benefit shall be expressed as percentages. Project costs will then be allocated to the assessed properties (as a group) in the percentage of the benefit to the development and to the county in the percentage of the benefit to the public. The amount of costs allocated to the assessed property as a group will be divided and assessed against individual properties as provided in section 16.13.080 of this chapter.
   1. Landscaping projects.
      1. Landscaping projects along the interior streets of developments are presumed to benefit the development 100 percent and the public zero percent. This presumption contemplates that the enhanced land values and pedestrian safety benefits inure only to residents in the development and their invitees. However, the parks and recreation commission may determine that some benefit inures to persons outside the development if the landscaping project includes a sidewalk, or similar feature, that connects other developments with commercial facilities, in which case the parks and recreation commission may increase allocations to other developments in the same district, or to the county based on expected pedestrian use along the development frontage.
   2. Trails, parks and open space.
      1. Regional trail projects as described in NRS § 278.4787(5) (trails listed in the Churchill County master plan) and regional parks shall be presumed to benefit the development and the public as follows. Sports equipment, shade structures and picnic areas shall be presumed to benefit the public and shall be paid and the costs of maintaining them shall be borne by the county. This presumption is based on the regional nature of the trails and parks. The landscaping and playground equipment shall be presumed to benefit the development and the costs of maintaining it shall be allocated to the assessed properties. This presumption is based on the fact that the landscaping provides an aesthetic value for the development and the equipment is used primarily by residents within walking distance.
      2. Neighborhood parks, common open space and nonregional trails are presumed to benefit the development 100 percent and the public zero percent. This presumption is based on the fact that such facilities are positioned for the benefit of and are used primarily by residents within walking distance.

(Bill No. 2006-D § 1, 2006)

1. Allocation of costs among individual lots of assessed property. Unless a different allocation is set by the parks and recreation commission under subsection B3 of this section or is agreed upon by all of the assessed property owners existing at the time the order is mailed to them under section 16.13.050 or 16.13.060 of this chapter.
   1. Each residential dwelling (including apartments and units in multi-family complexes) shall be assessed an equal amount.
   2. Nondwelling units (commercial properties, public facilities, etc.) shall not be included in maintenance districts.
2. Assessment standards.
   1. Assessments shall be made only against assessed property that is or will be benefited by the project approved by the county. The individual circumstances or desires of a particular property owner do not determine the benefit to the assessed property.
   2. The sum of assessments may not exceed "project costs" as defined in this chapter.
   3. The parks and recreation commission may establish subareas of similarly situated properties in the assessment roll and adjust assessments according to the benefits relative to other subareas of properties.

(Bill No. 2006-D § 1, 2006)

1. Regulations. The regulations shall provide for the administration of maintenance districts, including the establishment of budgets.
2. Contracts; administration. Maintenance services performed under this chapter may be performed by the county or by independent contractors retained by the county. The maintenance contracts may be combined with contracts for other activities in order to maximize cost efficiency. The parks and recreation director shall supervise county staff or the contractors, and shall periodically inspect the projects for compliance with the maintenance schedule.
3. Project costs. Project costs which may be included in assessments include all costs involved in performing the maintenance activities undertaken by the county and in administering the maintenance assessment district, including, but not limited to:
   1. Cost of county employees or independent contractors (including professional services);
   2. Costs of all materials, supplies, replacements, and parts used;
   3. Utility costs for water and power;
   4. Annual contributions to or replenishment of reserves for long term maintenance cost such as painting, replacements, repaving, repairs, and the like;
   5. Cost of providing insurance for public liability;
   6. 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;
   7. Administrative fees, including accounting fees, supervision fees, legal fees and other administrative costs for administering the district and maintaining the project; and
   8. Repayment of reserves, loans or advances, with interest, made to cover any shortfalls for the previous year.
4. Payment of project costs. The county shall pay its proportionate share of the project costs, and shall levy assessments against the assessed property as provided in the regulations.
5. Assessment liens. Once the assessment roll is mailed, assessments shall constitute a lien upon the assessed property. The lien attaches on July 1 of each year for which the assessment is levied. The lien must be executed, and has the same priority, as a lien for property taxes or as otherwise provided by Nevada law. The lien shall be a perpetual lien against the assessed property until the assessment and any penalty charges and interest which may accrue thereon have been paid in full. The regulations shall establish procedures for collection of assessments and enforcement of liens.
6. Penalties for nonpayment. If any person fails to pay an assessment when due, a penalty shall be imposed in the amount approved by the county.
7. NRS ch. 361 provisions applicable. The following provisions shall apply to assessments made hereunder:
   
   

   NRS Section	Subject
   361.484	Abatement of taxes on real or personal property acquired by federal government, state or political subdivision
   361.450	Lien for taxes: attachment; superiority; expiration of lien on mobile or manufactured home
   361.330	Effect of noncompliance on assessment and collection of taxes
   361.065	Property of school districts and charter schools exempted
   361.765	Correction of clerical and typographical errors on tax rolls

(Bill No. 2006-D § 1, 2006)

1. A common interest unit owners' association duly established and validly existing for a development under NRS § 116.3101 may apply to the parks and recreation director to dissolve the maintenance district and allow the association to assume all maintenance responsibilities for the project. The parks and recreation commission shall investigate the request to make a determination to decide whether or not the relinquishing of the dedicated property and maintenance responsibility to the association: 1) is likely to result in equal or better maintenance of the facilities taking into account the resources, governance, experience, and resolve of the association, 2) is in the best interest of the general public, 3) is in the best interest of the county, and 4) is in the best interest of the owners of the lots and parcels in the subdivision. Toward that end, the parks and recreation commission may negotiate and execute agreements with the association establishing maintenance standards, releasing reserve funds held by the county, compensating the county for the loss of the dedicated property, and other matters deemed advisable by the parks and recreation commission. If the parks and recreation commission determines that the considerations herein are in favor of doing so, it will dissolve the maintenance district by an order. The regulations shall specify the procedures for dissolution of the district.

(Bill No. 2006-D § 1, 2006)

1. All decisions and orders of the parks and recreation director will be announced at a regular meeting of the Churchill County parks and recreation commission and may be appealed to the county commission in accordance with the following procedures:
   1. Any person within the established maintenance district may request an appeal by filing a written request with the parks and recreation director with an application provided by the county. The written request must describe the decision or order being appealed, why the person believes it is erroneous, and what the person desires for the county commission to do.
   2. Requests for appeals of decisions and orders of the parks and recreation director must be filed with the parks and recreation director within 30 days after the date of the meeting when the decision or order was made.
   3. The county manager, or parks and recreation director, may stay implementation of the decision or order pending determination of the appeal.
   4. If implementation of the decision or order has not been stayed, the county clerk/treasurer shall place the appeal on the agenda for the next regularly scheduled county commission meeting for which the normal agenda deadline may be met. If implementation of the order or decision has been stayed, the county clerk/treasurer shall place the appeal on the regularly scheduled county commission meeting within 45 days from the date the appeal was received. The appeal shall be placed on the agenda as a public hearing. Notice of the hearing shall be sent to the petitioner.
   5. The parks and recreation director shall prepare a staff report explaining the decision or order, what information was used in making the decision or order, and the procedure that was followed in making the decision or order. A copy of any reports or information used in making the decision or order shall be attached to the staff report. A copy of the staff report and supporting information shall be provided to the appellant at least five days before the appeal is heard by the county commission.
   6. The county commission shall conduct a public hearing. The county commission may review the decision or order de novo. The hearing may be continued from time to time.

(Bill No. 2006-D § 1, 2006)