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September 10, 2010

Zoning rules altered: Two ordinances cover subdivisions and PUDs

CLARK COUNTY — The Clark County Planning Zoning and Building Commission approved amendments to two county zoning ordinances at its meeting Wednesday.

The first change is the final step in the commission answering questions that developed out of a patio home zoning allowance that was previously amongst the county’s possible zoning designations.

The commission had agreed to eliminate the allowance, instead leaving the building type to be developed under a Planned Unit Development — PUD.

“The philosophy behind the changes is to allow the developer the ability to design the project from the ground up, rather than starting with preconceived design criteria,” said David Nachand, attorney for the building commission.

Plans to construct a PUD can include nearly any type of development, but require very detailed plans and numerous stages of approval. The changes to the ordinances presented Wednesday amended the design provisions, filing procedure, final review process, covenants and maintenance as well as extensions, abandonment or expiration of the approval granted by the commission.

Amendment 6 to ordinance 17-2007 was unanimously approved.

A second group of changes approved was amendment 5 to ordinance 18-2007, which is the county’s subdivision ordinance.

The changes outlined were to ensure bonds and letters of credit are in place before secondary loans can be taken out by the builder and that the infrastructure improvements like drainage, road construction and electrical lines meet the county’s standard.

Once the basic improvements have been certified by the county engineer, or an escrow agreement is in place, then and only then will final plat approval be granted by the county.

“[The developer] would have to complete construction or place a cash fund in escrow with the county to ensure funding is established,” Nachand said.

The escrow funding, which is required to equal at least 120 percent of the amount estimated to complete the improvements, is designed to ensure the completion of the subdivision if the builder were to default or constructed something that was not up to the county’s requirements.

Also, with funding in an escrow account the process would be simplified for the county in releasing money. As each stage of building requirements is met the county would release that portion of the funding.

The purpose for the amendment is to ensure that a resident would not be left living in a half-completed subdivision or have the county being responsible for sub-standard infrastructure it would need to repair once it was deeded back over as public property.

One change was made before approval was granted for the amendment. It was allowing the number of model homes a builder can construct before being granted final plat approval from one to two model homes.

The amendment was approved 5 to 0.

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