§ 13.03

A.

Conformance to the General Plan. The construction of streets and roads in a subdivision that are functionally classified in the Circulation Chapter of the Nevada County General Plan or any applicable specific plans shall be constructed consistent with their classification. The circulation and design aspects of streets in a subdivision shall conform to the intent of the General Plan and in all cases shall provide for the advantageous development of the general planning area within which the subdivision lies.

B.

Conformance to Standard Specifications. Any road improvements required in conjunction with any subdivision of land done under the provisions of this Chapter shall be completed consistent with the requirements of Title 16 of the Nevada County Code.

(Ord. 1883. (04/11/1995); Ord. 2531. (10/24/2023))

Water supply and distribution improvements required in conjunction with any subdivision of land under the provisions of this Chapter shall be completed consistent with the requirements of Title 15 of the Nevada County Code.

(Ord. 2531. (10/24/2023))

A.

In subdivisions where sewage disposal shall be by individual systems or other on-site disposal systems, sewage disposal standards required Title 15 of the Nevada County Code shall apply to the subdivision prior to map recordation.

B.

In subdivisions where sewage disposal is provided by a sanitation district, improvements required for connection to the district's facilities shall conform to that district's regulations. If annexation is required before connecting to the district, the subdivider shall initiate annexation prior to recordation of the parcel or final map.

C.

In subdivisions where sewage disposal shall be by individual systems, every parcel map and final map to be recorded shall bear a statement that there is no guarantee that sewage can be disposed of on any lot or parcel on the recorded map.

(Ord. 2531. (10/24/2023))

Fire protection improvements required in conjunction with any subdivision of land under the provisions of this Chapter shall be completed consistent with the requirements of Title 4 of the Nevada County Code.

(Ord. 2531. (10/24/2023))

The subdivision shall be protected from inundation, flood, sheet overflow and pooling of local stormwater, springs and other surface waters. The design of improvements shall be such that water accumulating within and from outside the subdivision will be carried off the subdivision without injury to any adjacent improvements, residential sites or residences to be installed on sites within the subdivision or adjoining areas. Water accumulating within and from outside the subdivision shall be carried to adequate storm drainage facilities or to a natural drainage course by such improvements as may be required to meet the design standards herein set forth or the latest standards adopted by the Board of Supervisors. Drainage design for the subdivision shall accommodate anticipated future development within the entire drainage area. Any off-site drainage facilities required to carry stormwater from the proposed subdivision to a defined channel or existing conduit shall be made adequate for the ultimate development in the entire

drainage area. Cross-culverts shall as a minimum be designed to pass a Q10 with no head and Q100 with available head. Minimum culvert size shall be eighteen (18")-inch diameter or equal.

Drainage channels within the subdivision shall as a minimum be designed to carry Q10 with a minimum freeboard of zero and one-half (0.5') feet and shall carry Q100 with no freeboard.

(Ord. 2531. (10/24/2023))

All grading done in conjunction with the development of a subdivision shall be done in accordance with Chapter governing "Building" of the Nevada County Code.

(Ord. 1747. (10/22/1991); Ord. 1919. (11/05/1996); Ord. 2009. (10/26/1999); Ord. 2531. (10/24/2023))

A.

Limit of Error in Mathematical Closure Calculations of Boundaries of Tracts and Lots. A field survey of the boundaries of the tract and all lots and blocks must close within a limit of error of one (1) in five thousand (5,000).

B.

Staking All Corner Points, Curve Points, Etc. All corner points and survey points in the subdivision, except for parcel maps filed from record data, shall be staked. Points sufficient for retracement on streets, easements and other lands to be dedicated for public use in the subdivision shall also be staked. All stakes shall be a minimum of three-fourths (¾")-inch inside diameter pipe or five-eighths (⅝")-inch diameter steel

rods, eighteen (18") inches long. The pipe or rod shall be driven to within six (6") inches of the ground surface. All stakes shall be permanently tagged with the engineer's or surveyor's registration number.

C.

Street Right-of-Way.

1.

Permanent reference monuments shall be set on the road right-of-way at the beginning and ending of all curves to ensure that the right-of-way can be readily retraced.

2.

Sufficient street right-of-way monuments shall be set to ensure that the right-of-way can be readily retraced. Monuments used for this purpose shall comply with this Section.

D.

Permanent Reference Monuments for Final Map.

1.

Sufficient permanent reference monuments shall be set to readily retrace the survey. Such monuments shall be readily accessible from the street right-of-way in locations approved by the Director of the Department of Public Works and shall be properly shown and dimensioned on the final or parcel map.

2.

Monuments shall be set at all exterior boundaries of the subdivision prior to the filing of the final or parcel map. The subdivider shall submit a bond or other security if the internal monuments of the subdivision are to be set after the filing of the parcel map or final map. The surveyor or engineer preparing the final or parcel map shall certify thereon that the monuments will be set by a specified date. The cost of setting such monuments shall be included as a part of the other improvements.

(Ord. 767. (10/26/1976); Ord. 2531. (10/24/2023))

"A soils report" prepared by a registered civil engineer specializing in soils investigation shall be required for all subdivisions unless waived by the Building Department. The report shall indicate the presence of any critically expansive soils or any other soil problems which, if not corrected, may lead to structural defects. If the report indicates the presence of critically expansive soils or other soil problems which, if not corrected, may lead to defects in structures, buildings or other improvements, it shall further report on an investigation of each lot of the subdivision, including recommended corrective action which is likely to prevent structural damage to each building structure or improvement to be constructed. It shall also report on the suitability of earth materials for construction of stable embankments and excavation slopes including those necessary for any artificial or natural drainage channel; recommendations for construction procedure is to obtain required stability; maximum design velocity for any natural or artificial drainage channel; and any

other geologic features, slides, stable soil conditions, spring and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the subdivision. The soils report shall be prepared on eight and one-half (8½") inches by eleven (11") inches paper of durable quality and documents which accompany report shall be of a convenient size and scale to fold into eight and one-half (8½") inches by eleven (11") inches sheets.

(Ord. 2531. (10/24/2023))

A.

Improvement Agreement. Prior to the recording of a final map or parcel map, all improvements required to be installed or constructed by the subdivider must be in place and acceptable to the County. In lieu of performing the construction prior to recording of a final map or parcel map, a subdivider may enter into an agreement with the County whereby they agree to construct, within two (2) years of the execution of the agreement, all improvements necessary for the development, to repair any defects which occur within one (1) year of completion of such improvements, and to comply with all applicable laws and ordinances and conditions in performing the required acts.

B.

Extensions of Time.

1.

The subdivider may request extensions of time to complete the improvements required under this Agreement. Such request must be received not less than forty-five (45) days prior to the expiration of the Agreement or any extension thereto, and acted upon by the Board of Supervisors prior to expiration. Each such extension shall be for a period not to exceed two (2) years. No extension may be granted which will extend the period for completion of improvements more than five (5) years from the date of approval of the final map, except as provide under Subsection B.2 below. Grant of extension shall be conditioned upon the following:

a.

Modification of the required improvements to comply with the current County standards, if different from those standards in effect at the time of approval of the final map or prior extension, and

b.

Submission of additional security to reflect increases in construction costs resulting from such modifications, if any, and/or inflation.

2.

Upon a showing of exceptional circumstances that have created a delay in completing the improvements under the Agreement, a subdivider may request the Board of Supervisors to grant an extension of the Agreement beyond five (5) years from the date of approval of the final map. Such request must be received

not less than forty-five (45) days prior to the expiration of the Agreement extension. The Board of Supervisors may grant an extension of the Agreement beyond five (5) years from the date of the approval of the final map if it determines, based on substantial evidence provided by the subdivider, all of the following:

a.

The subdivider has made continued and substantial progress toward completing the improvements under the Agreement.

b.

It is likely subdivider will complete the remaining improvements within the additional time requested.

c.

The extension of time will not be detrimental to the health, safety, or welfare of the community.

d.

The subdivider is not currently in default of the Agreement or extension thereto. Any extension of the Agreement beyond five (5) years from the date of approval of the final map shall only be granted in increments of one (1) year.

C.

Improvement Security. If a subdivider enters into an agreement with the County in accordance with this Section, the subdivider shall furnish security to guarantee the successful completion of the items specified in said agreement. The security may be in one (1) or more of the following forms, subject to approval by the County:

1.

A bond or bonds by one (1) or more duly authorized corporate sureties substantially in the form prescribed by the Subdivision Map Act;

2.

A deposit either with the County or a responsible escrow agent or trust company selected by the County, cash or negotiable bonds of the kind approved for securing deposits of its public monies;

3.

An irrevocable instrument of credit from one (1) or more responsible financial institutions regulated by Federal or State government and pledging that the funds are on deposit and guaranteed for payment;

4.

A lien upon the property to be divided, created by contract between the owner and the County, if the County finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map.

Any form of security, including security interests in real property, which is acceptable to the County.

If the County elects to accept a security in the form of either Sections 13.03.090.C.4 or 13.03.090.C.5 above, a contract shall be prepared creating a security interest, and the contract shall be recorded with the Nevada County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed-to improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the County of Nevada.

D.

Improvement Security Amount. Amount of improvement security shall be provided as follows:

1.

One hundred percent (100%) of the total estimated cost of the improvement or act to be performed to secure the faithful performance of the agreement provided, however, that if at the time of the filing of the final map for recordation a contract has been let and the construction work on the improvements has begun, the performance security may be reduced to an amount sufficient to complete the construction of the improvements. The amount of the security for partially completed improvements shall be established by the County engineer based upon their review of the scope of the improvements, the construction contract price (as executed between the subdivider and a qualified independent contractor), the stage or level of completion that the project has reached as of the date that the final map was submitted to the County for final plan check or at such later date as the County engineer may determine, and the cost to the County to complete the construction if the subdivider fails to do so.

2.

In addition to Subsection 1 above, one hundred percent (100%) of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act provided, however, that if at the time of the filing of the final map for recordation a contract has been let and the construction work on the improvements has begun, the performance security may be reduced to an amount sufficient to complete the construction of the improvements. The amount of the security for partially completed improvements shall be established by the County engineer based upon his review of the scope of the improvements, the construction contract price (as executed between the subdivider and a qualified independent contractor), the stage or level of completion that the project has reached as of the date that the final map was submitted to the County for final plan check, or at such later date as the County engineer may determine, and the cost to the County to complete the construction if the subdivider fails to do so.

3.

An additional amount of security in an amount equal to five percent (5%) of the total estimated cost of the improvement or one thousand dollars ($1,000.00), whichever is greater, to cover the cost and reasonable

expenses and fees, including reasonable attorneys' fees, which may be incurred by the County of Nevada in successfully enforcing the obligation secured.

4.

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement.

5.

At the County's option, an additional amount of security to cover estimated costs and reasonable expenses and fees, including reasonable attorney's fees, that may be incurred by the County in successfully enforcing the obligation secured.

E.

Improvement Security Release. The improvement security required hereunder shall be released in the following manner:

1.

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work by the Board of Supervisors. The Board of Supervisors may provide for a partial release of the security upon the partial performance of the act or acceptance of the work as it progresses. The provisions for the partial release of letters of credit shall be consistent with Cal. Gov't Code § 66499.7(a).

2.

Upon acceptance of the act or work by County and sixty-five (65) days after the recording of a notice of completion or ninety-five (95) days after completion of all work, if no notice of completion is filed, security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment shall be reduced to an amount equal to the amount of all claims therefore filed and of which notice has been given to the Board of Supervisors plus an amount reasonably determined by the Board of Supervisors (Director of Public Works or other designee) to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given and after the running of the one (1)-year period set forth in Subsection F below.

F.

Maintenance Security. Upon satisfactory completion of all improvements, acts or obligations in the proper manner and within the time specified in the agreement, the security required by this Section to guarantee faithful performance of the work shall be reduced to ten percent (10%) of the original amount of such security to guarantee or warranty the work against any defective work or labor done or defective material used, and to guarantee maintenance of the work for a period of one (1) year from the date of said satisfactory completion.

G.

Improvement Security Forfeiture. Upon the failure of the subdivider to complete any improvement, acts or obligations in the proper manner or within the time specified, the Board of Supervisors may upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days, served by registered mail addressed to the last known address of such person determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby to be forfeited to the County.

(Ord. 855. (08/21/1978); Ord. 1733. (09/10/1991); Urg. Ord. 1798. (08/25/1992); Ord. 2359. (03/12/2013); Ord. 2531. (10/24/2023))

Formation of an assessment district to provide for construction of improvements in a new subdivision is discouraged.

The formation of entities to provide for maintenance, snow removal, etc. shall be in accordance with the standard form agreement on file with the Director of Department of Public Works. Subdivisions above four thousand (4,000') feet elevation shall form a maintenance district to provide for snow removal if the streets are to be County maintained.

All private road subdivisions shall provide a maintenance entity in accordance with Section governing "Maintenance Agreements" in Title 16.

(Ord. 1883. (04/11/1995); Ord. 2531. (10/24/2023))

A.

Purpose and Intent. It is the County's intention to exercise its ability to initiate and merge parcels only when there are valid health and safety reasons to support the merger. Additionally, it is the County's intention to also provide a process to accommodate voluntary merger requests.

B.

Mergers Required. Two (2) or more contiguous parcels or units held by the same owner shall be merged if one (1) of the parcels or units does not conform to the minimum parcel or lot size required by the applicable standards of the base zoning district established in Title 12, Zoning, and if all of the following requirements are satisfied:

1.

At least one (1) of the affected parcels has not been developed with a structure for which a building permit was issued or for which a building permit was not required at the time of construction; is developed only with an accessory structure or accessory structures; or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

2.

With respect to any affected parcel, one (1) or more of the following conditions exist:

a.

Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;

b.

Was not created in compliance with the applicable laws and ordinances in effect at the time of its creation;

c.

Does not meet current standards for sewage disposal and domestic water supply as required by Sections governing Sewage Disposal, Section 15.01.040 and Water Supply and Resources, Chapter 15.05, respectively, of the Nevada County Code;

d.

Does not meet slope stability standards. As defined herein, slope stability standards include lots with an average slope of thirty percent (30%) or greater, lots lying within landslide areas, and lots on Placer Diggings soils as identified in the 1975 Soil Survey of Nevada County prepared by the U.S. Department of Agriculture, Soil Conservation Service, and Forest Service;

e.

Its development would create health or safety hazards;

f.

Is inconsistent with the General Plan and any applicable specific plan other than minimum lot size or density standards.

3.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that Notice of Intention to Determine Status is recorded pursuant to Section 13.03.110.C below;

4.

Subsection B shall not apply if any of the conditions stated in Cal. Gov't Code §§ 66451.11(b)(A), (B), (C), or (D) exist.

C.

Notice of Intention to Determine Status. Prior to recording a Notice of Merger, the Planning Department shall mail, by Certified Mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this Section and that, within sixty (60) days from the date the Notice of Intention to Determine Status was recorded, the owner

termine Status. Prior to recording a Notice of Merger, the Planning Department shall mail, by Certified Mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this Section and that, within sixty (60) days from the date the Notice of Intention to Determine Status was recorded, the owner

may request a hearing before the Board of Supervisors to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record at the office of the Clerk Recorder on the same day that the notice is mailed to the property owner.

D.

Hearing of Determination of Status. The owner of the affected property may file a written request for a hearing with the Board of Supervisors within sixty (60) days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, a time, date and place for a hearing before the Board of Supervisors shall be established with a notice to the owner by Certified Mail. The hearing shall be conducted within sixty (60) days following the receipt of the owner's request or may be postponed or continued by mutual consent of the Board of Supervisors and the property owner.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this Chapter.

At the conclusion of the hearing, the Board of Supervisors shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notification shall be mailed to the property owner within five (5) days of the date of the hearing.

E.

Determination of Merger. The determination of merger shall be based on factual evidence that shows that there are health and safety reasons which support the need to merge said parcels. If the Board of Supervisors makes a determination that the parcels are to be merged, a Notice of shall be recorded within thirty (30) days of the conclusion of the hearing. The Notice of Merger shall specify the name of the record owners and a description of the property.

If the Board of Supervisors makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be recorded, and a clearance letter mailed to the owner.

F.

Determination When No Hearing is Requested. If the owner does not file a request for a hearing within sixty (60) days of the recording of the Notice of Intention to Determine Status, the Board of Supervisors may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a determination of shall be recorded within ninety (90) days of the mailing of the Notice of Intent to Determine Status.

G.

Request to Merge by Property Owner (Voluntary Mergers).

1.

If the merger of contiguous parcels or units is initiated by the record owner(s), the owner(s) may waive the right to a hearing before the Board of Supervisors and to all notices required by this Chapter. Upon signing the waiver by all person(s) having a record title interest in the real property, the Planning Director shall record a Notice of Merger.

2.

The fee for processing mergers at the request of an owner shall be as specified on the latest Fee Schedule Resolution of the Board of Supervisors and the actual recording costs required of the County Recorder.

3.

In such cases, a finding tied to health and safety will not be required.

H.

Procedural Changes to the Merger Law in the Subdivision Map Act. Any procedural due process change adopted in the Subdivision Map Act concerning the merger of lots or units shall automatically be followed as if it were contained herein.

(Ord. 1472. (11/24/1987); Ord. 1894. (01/16/1996); Ord. 2531. (10/24/2023))

A.

Purpose and Intent. The Town of Truckee's unique housing situation leaves limited opportunities for local workers and their families to achieve home ownership as approximately fifty percent (50%) of Truckee's housing are second homes for owners outside of the area. The high demand for second homes places great pressure on home prices in the Town and results in home prices which are out of reach for most of the local work force. It is the County's intent to maintain inclusionary housing requirements in the Town of Truckee Sphere of Influence to address the unique housing needs in eastern Nevada County, to provide for adequate housing opportunities for all economic segments of the greater Truckee community, and to assist in ensuring that these lands are developed and annexed in a manner that is consistent with the General Plan for Truckee.

B.

Requirements for Inclusionary Affordable Housing Component. All subdivisions creating twenty (20) or more lots, parcels or units within the Town of Truckee Sphere of Influence located within the Urban High Density, Urban Medium Density, and Urban Single Family Land Use Map designations, and any other subdivisions within these and any other General Plan Land Use designations selected pursuant to the General Plan Housing Chapter, shall have an inclusionary affordable housing component of ten percent (10%) applied to the number of parcels/units in the proposed project and rounding up any fraction of a dwelling unit to one (1) additional unit. The affordable inclusionary parcels/units may be located either on-site or off-site. These requirements do not apply to unincorporated areas outside of the Town of Truckee's Sphere of Influence.

The distribution of affordable inclusionary units among the qualifying Household Income Categories (very low, low, and moderate as shown below) shall equal the distribution ratios of the most current Regional Housing Need Allocation from the State.

• Very Low (less than fifty percent (50%) of AMI)

• Low (fifty percent (50%) to eighty percent (80%) of AMI)

• Moderate (eighty percent (80%) to one hundred twenty percent (120%) of AMI)

• Above Moderate (above one hundred twenty percent (120%) of AMI)

Assurance shall be provided by the developer that the inclusionary parcels/units remain continually available to very low, low and moderate income, senior citizen or disabled households as provided in Cal. Gov't Code § 65915(c) and Section 12.03.160.D of this Code.

C.

Density Bonus and Incentives for Affordable Housing. The County shall offer a density bonus to a project applicant equal to the number of inclusionary parcels/units as well as other incentives as provided for in Section 12.03.160 to ensure that these projects are economically feasible. Whether or not to accept such bonus units shall be at the sole discretion of the applicant.

(Ord. 1929. (01/07/1997); Ord. 2124. (07/22/2003); Ord. 2402. (12/08/2015); Ord. 2531. (10/24/2023))

TITLE 17. - MITIGATION AND DEVELOPMENT FEES CHAPTER 1. - RECREATION MITIGATION FEES