A planned unit development (PUD) is intended to further the public health, safety, morals, and general welfare when considering residential and nonresidential subdivisions. A PUD provides for diversified housing types and design; provides for necessary commercial and industrial facilities conveniently located to that housing; encourages a more efficient use of land, public services or private services; better conforms to the local geography and topography; reflects changes in the technology of land development so that resulting economies may be made available to those who need homes; insures that increased flexibility of substantive regulations over land development authorized in this chapter is administered in such a way as to encourage the disposition of proposals for land development without undue delay, and creates a mixture of uses in the adopted ordinances.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

A.

The board with action by the planning commission may only approve the level of intensity or density that is appropriate for a particular location as allowable by the provisions of this chapter. The body is not obligated to approve a PUD or the level of development intensity or density requested for a PUD. The board with action by the planning commission may require as a condition of approval any condition, limitation, or design factor that will promote proper development and the use of effective land uses which are consistent with the county master plan.

B.

The entire property proposed for development as a PUD must be under common ownership or unified control to ensure unified development.

C.

An application for a PUD may be accepted for any land in the county except for land described in subsections D and E of this section.

D.

The overall site of a proposed PUD must be at least five acres in area. A PUD application for areas of less than five acres may be considered by the director if the applicant shows that the waiver of this requirement is in the public interest and that at least one of the following conditions exists:

1.

Unusual physical features of the site or the surrounding neighborhood are such that development under the standard zoning provisions would not conserve the unique physical features of the site or would not allow functional or environmental compatibility with the surrounding neighborhood; or

2.

The site is adjacent to an area which has been developed under the provisions of a PUD and will contribute to the amenity and functionality of the neighborhood.

E.

PUDs are prohibited in the NR natural resources zone and P public zone, and otherwise where they are not consistent with the county master plan.

F.

Historical development patterns (e.g., grid pattern) and historically compatible site design must be considered by the board and planning commission when reviewing and approving PUDs within the Comstock Historic District.

G.

The PUD tentative map must show zones existing before the PUD ("existing zones") and proposed zones within the PUD ("new zones"). Existing zones and land uses within one thousand feet of the proposed PUD boundary must also be shown on the tentative map. New zone classifications and uses may only be those included in this title.

H.

The PUD development plan must show the proposed new zones and land uses and provide development standards that will regulate those uses in conformance with this chapter and title. The development plan must comply with or surpass the standards established in the zones of similar uses in the county.

I.

Commercial and industrial PUDs and those uses in residential mixed-use PUDs are not allowed to abut existing E or R zones.

J.

The density, intensity, and allowable uses in the PUD are regulated pursuant to Section 17.56.070, Density, Intensity and Use Standards, and by the design standards manual.

K.

Residential PUDs must comply with the requirements of NRS 116, Common Interest Ownerships.

L.

Except as prohibited by the provisions of this chapter, the board with action by the planning commission has the authority, in connection with the granting of a PUD, to change, alter, vary, or modify one or more of the provisions of this title as they deem appropriate; provided, that the PUD complies with the required findings for approval in Subsection 17.03.230(C) and the use under this title is not expressly prohibited in the zone.

M.

The PUD project must be inaugurated within the time frame as established by a development schedule pursuant to Subsection 17.03.230(F) (development schedule).

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

The procedure for a pre-application conference, application submittal and review, noticing, hearing, and action of the board and planning commission is regulated pursuant to Chapter 17.03, Administrative Provisions.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

The PUD application must show that the required findings of fact pursuant to Subsection 17.03.230(C) are met. The board and planning commission must, at a minimum, include those findings in its approval of the PUD.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

The application for a PUD must include a development plan that meets the requirements in this section and chapter. The planning department may require additional information in the application as it deems necessary to evaluate the proposed development.

A.

Subdivision layout and lot design.

B.

Existing and proposed public and private street, sidewalk, other right-of-way improvements, including vehicular parking, interior traffic flows, and development ingress and egress points. The plan must also include existing area road and highway improvements (including necessary expansions and improvements) that will connect the PUD with the surrounding communities and roadway systems.

C.

Areas proposed to be dedicated or reserved for any public use including, but not limited to, public utilities and easements, public buildings and facilities, and public rights-of-way.

D.

Areas proposed to be reserved for required open space pursuant to Section 17.56.090.

E.

Existing land uses and zone classifications within one thousand feet of the external boundary of the proposed development.

F.

Proposed land use and zone classifications within the PUD.

G.

A minimum of three house model plans and three elevations for each house model for single-family dwellings, and a minimum of two building model plans and two elevations for each multifamily building. Portions of a PUD for which only custom homes are proposed or when lots are one acre or greater in area are exempt from this requirement.

H.

Maximum building heights.

I.

Maximum coverage of lot areas.

J.

Minimum distance between structures.

K.

Minimum setbacks from interior lot lines.

L.

Minimum setbacks from street rights-of-way.

M.

Landscaping, screening, and outdoor lighting.

N.

Projected population and population densities within the development, including estimated population during each anticipated phase of development.

O.

Projected vehicular traffic generation, including for different parts of the day such as morning and afternoon commuting times.

P.

Development schedule as described in Chapter 17.03, Administrative Provisions.

Q.

Detailed written narrative discussing how the findings for approval in Subsection 17.03.230(C) will be met.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

A.

The PUDs development standards will be those which are established by NRS, this chapter and title, the approved development plans and tentative map pursuant this title, Title 16, and the design standards manual; and other requirements of the board with action by the planning commission.

B.

The PUD must conform to all applicable county codes, including building and fire codes. A PUD must comply with this title and Title 16 with respect to site development standards, including parking, landscaping, screening, buffering, environmental standards, signs, and maintaining a minimum ten-foot building setback from project parameters. Variance or waiver applications to reduce requirements will not be accepted unless expressly allowed within the respective regulations of this title.

C.

All infrastructure and right-of-way improvements, whether public or private, are required to meet full county standards pursuant to NRS 278.230 through 278.320 inclusive. The board with action by the planning commission may consider dedication of roads and other rights-of-way. Private use and management of roads and rights-of-way may be permitted upon approval by the board.

1.

If determined by the board to be necessary for proper traffic circulation, the applicant may be required to provide improved ingress and egress to the development, including acceleration and deceleration lanes, traffic control devices, including channelization and signalization. These improvements must be offered for dedication to the county or state, whichever has jurisdiction.

D.

Additional density than that allowed by the existing zone, except in E and R zones in which increased density is prohibited, may be allowed as provided for in Sections 17.56.070 and 17.56.080, if the board with action by the planning commission determines the increase in density is justified by the provisions of required open space and other design amenities that contribute positively to the beneficial effects of the development for the community and its existing surrounding zones and uses.

E.

Transition requirements from adjacent properties.

1.

A proposed development must incorporate height and density transitioning considerations along its perimeter to existing residential uses and zones to achieve an orderly transition between it and existing residential developments and residential zones on adjacent properties. Unless determined otherwise for good reason by the board with action by the planning commission, buildings and units proposed to be located along the perimeter of the proposed development to existing residential uses and zones must maintain setback distances and stay within fifty percent tolerance range of the height and density of residential development and residential zones that are adjacent to, or across the street from, the proposed development's perimeter. This is not required when open space creating five hundred feet or more separation between the perimeter buildings and the existing residential uses and zones is provided.

2.

Transitioning considerations include a range of design features related to existing and proposed development. These include, but are not limited to, height, mass, density, appropriate buffers, architecture, landscaping, loss of privacy, unsightly views, pedestrian and vehicular traffic circulation, parking concerns, and environmental impacts.

F.

Development proposed on hillsides and other steep topography, and along ridgelines, must meet the minimum requirements of this subsection. The board and planning commission may consider alternatives proposed by the applicant to allow necessary development in these areas when the development plan shows that the purpose and intent of this section is met.

1.

Grading and development of roads, structures, and building sites must be minimized within slopes of fifteen percent or steeper grade; canyons and ravines; prominent rock outcroppings; and other significant geographic features, in order to retain ground stability and visual value and scenic character of the surrounding natural landscape.

2.

Building design and overall development must be of innovative techniques and building design that responds to the natural topographic contours and pronounced ridgelines. This is achieved by "clustering" development into areas having lesser or no slope; applying shapes and earth tone colors to structures that reasonably blend into the backdrop hillside environment; increasing setback distances between perimeter structures which may encroach into a ridgeline's sky backdrop; allowing only one-story buildings boarding the natural ridgeline; and configuring roofs so that only roof face slopes (no gables) are visible.

3.

Landscaping must be designed and placed to mitigate soil erosion, lessen visual impact of grading and other development, conserve water, and mitigate risk of fire to the development and surrounding area. Landscaping will otherwise be reviewed in accordance with the design standards manual.

G.

Streets, highways, alleys, sidewalks, and pedestrian ways must conform to the requirements in Title 16, Subdivisions. Collector and local roads in residential PUDs, except in E zones, must be designed to avoid long, straight expanses which encourage high speed vehicular travel and are not aesthetically appealing. Providing a minimum twenty-five-foot lateral deviation from a straight course for every three hundred fifty feet of street length or other design measures may be used to achieve this goal.

H.

Parking. Parking for commercial and industrial PUDs is pursuant to Title 16, Subdivisions, and the provisions of this title. Parking for a single-family or multifamily residential development must be provided as follows. Reduction to these standards may only be permitted with an approval of a waiver of development standards by the board with action by the planning commission.

1.

Two spaces per dwelling unit must be provided. Both spaces must be on site unless an alternative is specifically approved per subsection (3) of this section.

2.

One additional space must be provided for every five residential units which may be off site of the residence, and within designated visitor parking areas which are within reasonable walking distance to the residences.

3.

Exception. Where the on-street parking is legally allowed and functionally feasible in terms of a PUD's overall design, each on-street parking space may be substituted on a one-for-one basis for each unit requirement; provided, that a detailed parking analysis and plan that satisfies functional and safety standards is submitted and approved.

I.

Flood control and drainage must conform to the regulations under Title 16, Subdivisions, Title 15, Buildings and Construction, and other provisions of this code.

J.

The board with action by the planning commission may impose additional requirements deemed necessary for consistency with the findings required by Section 17.03.230(C) and the design standards manual. These may include but are not limited to amenities, such as recreation or play areas and open space, to compensate for any deviations that may be permitted.

K.

Arrangement of light industrial uses in a residential PUD. Light industrial uses listed in Section 17.34.020, Allowed uses, when allowed by this chapter within a residential PUD, must be developed in park-like surroundings, utilizing landscaping, open space, and the existing natural environment as buffers to screen lighting, parking areas, loading areas or docks, and/or outdoor storage of raw materials or products. Light industrial use within the residential PUD must provide for the harmony of buildings and a compact grouping in order to economize in the provision of such utility services required. Thoroughfares must be kept to a minimum throughout the planned industrial area in order to reduce through traffic. At least one hundred feet of setback distance must separate light industrial and residential uses within the PUD. All intervening spaces between the right-of-way line and project building line and intervening spaces between buildings, drives, parking areas, and improved areas must be landscaped with trees and plantings and properly maintained at all times.

L.

Arrangement of commercial uses in a residential PUD. Commercial and commercial-residential mixed-use buildings and establishments must be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with thoroughfares. Planting screens or fences must be provided on the sides of the commercial development abutting existing and proposed single-family residential uses within the PUD. For integrated commercial-residential mixed-uses, this screening is not needed when it complies with the overall site design requirements of this subsection and the design standards manual. The development plan must provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, landscaping, and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining, surrounding, existing and potential developments. All areas designed for future expansion or not intended for immediate improvement or development must be landscaped or otherwise maintained in a neat and orderly manner as required by the County Code.

M.

Irrigation plans, and specifications which comply with the International Plumbing Code, must be submitted with the landscape plan to insure adequate irrigation coverage. To increase water conservation, the system must be automatic drip, bubbler, or sprinkler irrigation. Sprinkler irrigation is only allowed on lawn areas, except that some groundcover may use sprinkler irrigation with the approval by the director. All drip and bubbler irrigation systems must be installed separately from turf irrigation systems. All irrigation plans must include the following:

1.

Scale at the same scale as the landscape plan, north arrow, location of adjacent streets, property lines, easements, sidewalks, drives, paved areas, lighting, signs, buildings, all utilities and mechanical equipment within the landscape areas, existing trees and other natural or man-made site features influencing the use of the site.

2.

Identification and description of automatic irrigation components to insure that vegetation is adequately irrigated. All irrigation plans must incorporate water conserving principles, including multiple program controllers with percent scaling, low precipitation heads, drip irrigation, and check valves. Where applicable, irrigation details must include the method for the watering of required street trees. All valves and other devices are to be housed in a box of adequate size and design to protect the components.

3.

Indication of the system point of connection and size, water pressure available, and maximum demand of the system in gallons per minute.

4.

Irrigation equipment specified must be identified by manufacturer's name and equipment identification number.

5.

Cross connection devices installed for all construction must have a reduced pressure backflow device presented, except for single-family development.

6.

All locations of irrigation valves, controllers, hose bibs, quick coupler valves, and backflow preventers. Sprinkler location on plans must include typical pattern of sprays (i.e., full circle, half circle), psi, radius of throw and gallons per minute.

7.

Irrigation details must be used to clarify particular situations. Typical details must include backflow prevention devices, valves, irrigation heads, and irrigation controllers.

8.

Sizes of irrigation lines. Schedule 40 P.V.C. is required for all pressure lines and under all paved areas. Piping must be installed a minimum of twelve inches underground for non pressure irrigation lines and eighteen inches underground for constant pressure irrigation lines.

9.

Landscaping design standard will be pursuant to the applicable provisions in the design standards manual.

10.

All landscaping must be properly installed and be according to approved plans prior to final inspection and certificate of occupancy. An exception is allowed only when the landscaping cannot be completed due to weather related delays. In lieu of the installation of landscaping, financial security must be provided to Storey County at one hundred fifty percent of the estimated cost of installation. The owner must guarantee installation as specified in the temporary certificate of occupancy agreement, and final inspection must be completed within six months of the issuance of a temporary certificate. The estimated cost of the landscaping is subject to verification by the planning department.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

A.

For purpose of calculating residential density, the plan must separately designate a development envelope by phase of development for each type of residential use and each area to be developed for nonresidential use.

B.

Except as provided for in subsections (B)(1) through (3) of this section, the uses allowed in the zones existing prior to the PUD are those allowed in the PUD overlay zone, including uses listed as permitted and accessory. Special use permit requirements for uses in existing zones will also be required in the respective new PUD zones.

1.

A special use permit pursuant to Chapter 17.32 (F Forestry Zone) is not required for residential uses as part of the approved PUD in the F zone.

2.

Up to twenty-five percent of a residential PUD (minus open space) proposed within existing A, F, and SPR zones may also include commercial, commercial-residential, and light industrial uses in order to create a mixed-use environment. Allowed light industrial uses are those listed as permitted uses (not requiring a special use permit) under Chapter 17.34, I-1 Light Industrial Zone. Light industrial uses requiring a special use permit, heavy industrial uses, and special industrial uses are prohibited in residential PUDs.

3.

An additional ten percent of commercial and light industrial uses, inclusive, may be added to the residential PUD if at least seventy-five percent of the area devoted to the uses pursuant to subsection (B)(2) of this section includes combined commercial-residential mixed-use.

C.

The following are the allowed densities within a PUD:

1.

Unless stated otherwise in subsections (C)(2) and (3) of this section, the density allowed in the zone existing before the PUD is the density allowed in the PUD overlay zone.

2.

Where the PUD is located over existing A and F zones, the density of each new zone in the PUD overlay zone may be increased to the level allowed in the approved tentative map. The minimum open space requirements in Section 17.56.090 still apply.

3.

Density bonuses may be granted pursuant to Section 17.56.080 (Increases in Density) for PUDs applicable to subsection (C)(2) of this section. The minimum open space requirements in Section 17.56.090 still apply.

D.

The density of residential development within the PUD is calculated by dividing the acreage of the residential development envelope by the minimum parcel size authorized within the existing zone. The following steps are used to calculate the total number of residential units allowable within the PUD:

1.

Deduct areas devoted to nonresidential uses, such as commercial, commercial-residential, and industrial uses from the total PUD site area. Open space is not deducted from the total PUD site area.

2.

Determine the number of residential units allowed under the existing zone by dividing the net residential development envelope size determined in section 17.56.070(D)(1) by the minimum parcel size permitted by the existing zone. Round down any fraction to the next lowest whole number to obtain the number of allowable units.

3.

The residential development envelope may bridge existing zone boundaries and may be subdivided into phases; provided, that the density of any given phase does not exceed that allowed under the provisions of this chapter within that phase of the PUD.

4.

The average lot size or the lot size for particular tracts within the PUD may be increased above or decreased below the average for the development envelopes in order to ensure compatibility and appropriate transitioning with adjacent development within or outside the PUD (see Section 17.56.060(E)).

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

A.

The allowed density may be increased as provided in Section 17.56.070(D) in order to enhance development compatibility and appropriate transitioning between the proposed PUD and existing E and R zones and their uses.

B.

A density bonus of one-half percent for every one percent of the PUD that is reserved for open space beyond the minimum requirements of this chapter, or agricultural easement area, may be granted in the PUD approval. The open space must meet the requirements of this chapter and the agricultural area must meet the requirements of Chapter 17.24, Agriculture Zone. Agricultural uses requiring a special use permit pursuant to Section 17.24.025 are prohibited in PUDs.

C.

The density bonus described in subsection B of this section may be increased from one-half percent to one percent when at least ten percent of the PUD includes integrated commercial, light industrial, and commercial-residential mixed uses.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

All PUDs with ten or more lots or units and at six or more units per acre, regardless of how many lots or units, must have open space reserved as provided in this section. The location of any open space is determined individually for each PUD and will be based upon geographic and topographic characteristics of the site or other factors to meet the objectives of this chapter. Open space within the PUD must meet the requirements of this section.

A.

In order to conform to the purpose and intent of the existing zone, and to make PUDs compatible with existing surrounding uses and zones, the PUD must include open space as required in the existing zone and shown in Table A. Each building envelope in the PUD must include the required open space for that new zone. This common area requirement applies to residential, commercial, and industrial PUDs.

Table A. Minimum open space requirements

B.

Open space in residential PUDs may 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, public or private K-12 school grounds, or areas covered by residential, commercial, or industrial structures, or their accessory structures. Open space may include the area between the curb and detached sidewalk, excluding driveways, when that area is landscaped with trees and appropriate groundcover. The board with action by the planning commission may allow RV and boat storage areas to count toward a portion of open space when the developer demonstrates substantial enhancement for recreational purposes of a commensurate area of land within the development.

C.

Up to twenty percent of open space in commercial and industrial PUDs may include parking areas, utility facilities, and open drainage ways.

D.

Open space within multifamily residential developments may include landscaping, walking trails, swimming pools, and outdoor recreation facilities.

E.

Open space may include golf courses (public or private), including fairways and other recreation areas and facilities; provided, that the cumulative area does not account for more than fifty percent of the required open space. Golf courses must be irrigated with reclaimed gray water.

F.

Open space may include equestrian trails and uses when open to the residents of the PUD.

G.

At least twenty-five percent of the required open space must have a slope of fifteen percent or less. At least fifty percent of the required open space having a slope of fifteen percent or less must be landscaped with trees, shrubs, grass, or xeriscape landscaping, and have appropriate irrigation systems. A minimum of one hundred square feet per residential unit must be designed for recreation, which may include, but not be limited to, picnic areas, sports courts, a soft-scape surface covered with turf, sand, or similar materials acceptable for safe use by young children, including play equipment and trees, with a slope of five percent or less and no dimension less than twenty-five feet, inclusive of the required landscaped area. The use of existing, native vegetation may be used in conjunction with trails or other amenities not listed in this subsection to satisfy the requirement for improved recreational areas.

H.

At least fifty percent of the required open space must consist of connected, contiguous area that is greater than or equal to two hundred square feet with widths no smaller than ten feet.

I.

Open space must be accessible to all property owners within the PUD and connected by a comprehensive on-site pedestrian circulation system. Open space must enhance circulation within the site, promote pedestrian use and safety, and improve a site's aesthetic qualities.

J.

Open space that are conveniently located, accessible, and visible for the occupants of the PUD must be provided as required and may contain such elements as public parks, pools, tennis courts, ball fields, and various buildings or structures intended for recreational use.

K.

Open space including plazas and courtyards, should (but are not required to) be designed, located, and landscaped to take advantage of solar orientation, maximize water conservation measures, and afford summer shade and winter sunshine.

L.

Where possible, on-site recreation areas should (but are not required to) be linked with any appropriate transportation, bicycling, open space, trails, or other similar approved plan. When the property is on a trail designated by an adopted plan, the trail must be provided and that area developed for the trail may be counted as part of the required open space, even if the trail is dedicated. Similarly, if the identified trail is planned for a natural drainage way adjacent to or bisecting the development, the area of the drainage way developed as a trail or with other recreational amenities may be counted as part of the open space as well.

M.

Allocation of open space must be made to each development envelope and for each phase of the PUD. The board with action by the planning commission may require open space beyond the requirements of this chapter for particular development envelopes or phases of the PUD. In the event that open space is not to be provided proportionally by phase, the developer must execute a reservation of open space by grant of easement or covenant in favor of the county authorizing the county to reserve all or a portion of the reserved area to open space in the event that the development is not completed.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

Open space will not be accepted for dedication to the county. The developer must provide for and establish an organization such as a homeowners association for the ownership and maintenance for any and all open space and other common property which includes the following:

A.

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

B.

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

C.

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

D.

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

E.

System of charges or assessments on each PUD owner or occupant to assure sufficient funds for maintenance of the open space and other common property, and payment of county-assessed property taxes for the open space and other common property.

F.

Residents or occupants of PUDs 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 the county to enforce the provisions of this chapter.

G.

The documents or forms must be reviewed by the district attorney and planning department prior to tentative approval. All documents required by the county must be in a form that may be enforced by the county.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

A.

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

B.

If an organization established by a landowner to provide for the ownership and maintenance of any open space and other common property, at any time after the reestablishment of a PUD, fails to maintain the open space and other common property in reasonable order and condition in accordance with the development plan, the county may serve written notice upon such organization or upon the residents of the PUD, setting forth the manner in which the organization has failed to maintain the open space or other common property in reasonable condition. The notice must include a demand that the deficiencies of maintenance be cured within thirty days of the receipt of the notice and must state the date and place of a hearing before the board, which must be within fourteen days after the expiration of the thirty-day 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 must be cured.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

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

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

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

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)

The cost of any and all maintenance and operations undertaken by the county must be assessed proratably against all properties in the PUD and it must be a tax lien upon the properties.

(Ord. No. 12-244, § I, 12-4-2012; Ord. No. 18-278, § 1, 2-6-2018)