§ 30.66.105. County(s Determination to Form a Maintenance District.

The application for a maintenance district must be considered 90 days before the approval of the final map, unless waived by the Board of County Commissioners. The maintenance assessments shall not, however, be effective until the County accepts the constructed improvements for maintenance. The Board of County Commissioners shall determine the desirability of assuming the maintenance of the proposed improvements.

(a)

In determining if it is desirable to assume maintenance of the improvements, the following factors may be considered:

(1)

Whether the maintenance of the improvements on the subject property alone, or cumulatively with other maintenance districts in unincorporated Clark County, would create an unreasonable administrative or financial burden upon the County;

(2)

Whether the location of the proposed maintenance district would interfere with the County(s ability to efficiently and effectively maintain improvements on the subject property;

(3)

Whether the improvement plan submitted by the applicant is consistent with the requirements of the Clark County code, County policies, and the County(s master plan, including the applicable land use guide approved by the County;

(4)

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

(5)

Whether the landscape improvements are constructed to the standards of and are acceptable to the County, and all improvements are constructed to applicable codes and standards; and

(6)

Any other factor deemed by the Board of County Commissioners as relevant to the application before it.

(b)

If the County makes a determination that it is desirable to assume the maintenance of the improvements, the County will form a maintenance district by ordinance. For each maintenance district that is approved, the County will determine:

(1)

Whether all or a portion of the tracts and/or parcels of real property will be included within the maintenance district in accordance with the applicant(s petition;

(2)

The basis of the assessment amount for each tract and/or parcel of real property on a periodic basis;

(3)

The time of payment of the assessment;

(4)

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

(5)

The amount by which the public will benefit from the maintenance of the improvements by the County, in lieu of private maintenance, and the amount the County will contribute in direct relation to that benefit;
The County hereby determines that there will be a minimal or no public benefit resulting from the County providing maintenance in lieu of private persons or entities. Absent satisfactory proof otherwise, the cost of providing the maintenance shall be paid solely by the affected owners of the residential units within the maintenance district.

(6)

The portion of the assessment to be paid to the County for expenses associated with the costs of the maintenance district; and

(7)

Any other relevant matters.

(Ord. 2656 § 1 (part), 2001)