SPRING CREEK ASSOCIATION
REGULATIONS, POLICIES AND PROCEDURES MANUAL
COA ADOPTED – August 12, 2008
TABLE OF CONTENTS
Page
Description
1
TITLE PAGE
2
TABLE OF CONTENTS
5
INTRODUCTION & BACKGROUND OF COMMITTEE OF ARCHITECHTURE
5
Section 1
Introduction and General Purpose
6
Section 2
Spring Creek Subdivision
6
Section 3
Spring Creek Association
6
Section 4
Employees of Spring Creek Association
6
Section 5
Meetings of COA
7
DECLARATIONS OF RESERVATIONS – IMPROVEMENT STANDARDS
7
Section 1
Residential Projects
7
Section 2
Commercial and Industrial Structures
7
Section 5
Discretion of COA
8
REGULATIONS, POLICIES & PROCEDURES
8
Section 1 Scope of Regulations, Policies and Procedures
8
Section 2 General Rules Policies and Procedures
8
2.1 Materials and Practices Not Allowed
8
2.2 Applications
8
2.3
Lot Improvement Plans
9

2.5
Accessory Structures on Unimproved Lots
9

2.6
Accessory Structures
9

2.8
Submission, Review and Signing of Plans
9
2.9
Building Commencement and Extensions
9
2.10 Unfinished Construction and Excavations
10

2.11
Membrane Structures
10

2.12
Metal Storage Containers
10

2.14
Factory Built Modulars
11

2.15
Off-Street Parking, Garages and Carports
11

2.17
Right-of-way Storage and Parking
11

2.19
Inoperative Vehicles
12

2.20
Exterior Condition of Structures
12

2.24
Evaporative Cooler Units
13

2.26
Galvanized and Metal Roofs
13

2.28
Auxiliary Structures
13

2.29
Removal of Excessive Brush and Weeds
13

2.34
4-H and FFA Projects
13

2.35
COA Posting of Regulations Policies and Procedures
14

2.36
COA Member Appointment and Tenure
14

2.38
Resignation of COA Member
14

2.39
Regular COA Meetings
14

2.40
Special Meetings and Cancellation of COA Meetings
15

2.46
Revocation of Applications
16

2.47
Property Owner’s Complaints
16
Section 3
Factory Built Home Requirements
16

3.1
Diminish Marriage Seams
16

3.3
Permanent Foundation Required
16

3.6
Timeline to Place Home on Foundation
16
Section 4
Manufactured Home Requirements
17

4.5
Location of Manufactured Homes
18
GUIDE FOR PLAN APPROVAL
19
SPRING CREEK LOT ZONING BY TRACT
21
PROCEDURE FOR APPLYING FOR VARIANCE ZONE CHANGE OR CONDITIONAL USE
PERMIT
21
Section 1
Application Process
21
Section 2
Notice Required
21
Section 3
Discretion of COA
21
Section 4
Zoning Considerations
21 
Section 5
Request for Hearing
22
ENFORCEMENT OF DORs AND COA REGULATIONS, POLICIES & PROCEDURES
22
Section 1
General Purpose
22
Section 2
Procedure for Enforcement
22
Section 3
Non-Compliance
22

3.1
Notice of Non-Compliance
23
Section 4 Scope of Employees
24
GENERAL PROVISIONS, RESTRICTIONS AND PROHIBITIONS FOR SIGNS
24
Section 1
General Provisions
24

1.6
Temporary Commercial Signs
24

1.7
Audible/Animated Signs
24

1.10
Signs not Requiring a Sign Plan
25

2.1
Awning, Canopy or Marquee Sign
25
Section 3
Real Estate Signs
26

3.5
Commercial/Industrial Properties
26
Section 4
Informational/Non-Commercial Signs
26

4.2
Other Non-Commercial Signs
27
ALL DORS SIGN REGULATIONS
27
Section 1
Land Use Areas – General
27
Section 2
AR District7

2.1
Setback Requirements
27
Section 3
R-1, One/Two Family District
27
Section 4
R-2, Multiple Residential District
27
Section 5
C-3, Administrative-Professional Offices Group III
INTRODUCTION AND BACKGROUND OF SPRING CREEK ASSOCIATION COA
1.
INTRODUCTION AND GENERAL PURPOSE OF COA
The developers of Spring Creek established a general plan for this community and created a COA (COA) to monitor the regulations set forth in the DORs for the individual lots in the Spring Creek Tracts in order to assure growth and protect the value of property. The COA has the authority to adopt regulations, policies and procedures as needed to carry out these duties.
The DORs provide that the Spring Creek Association Board of Directors shall appoint a five (5) member COA (COA) with the responsibility to assure proper growth and protect individual property values. The COA shall monitor the regulations set forth in the Spring Creek Association DORs, as highlighted below:
•
The Board of Directors has the power to create and fill vacancies on the Committee.
•
The COA may assign or delegate its duties to others.
•
The COA members are Spring Creek Association property owners who volunteer their time and
services.
•
The COA shall be guided by and, except when in their sole discretion good planning would dictate to the contrary, controlled by the DORs.
The COA wishes to make it as easy as possible for you, the homeowner, to improve your property and enhance the appeal of Spring Creek Association as a community of attractive homes and proud homeowners. When confronted with a potential COA issue, homeowners should note the following:
•
Plans for any structural alterations, additions, fences, etc. need to be submitted to the COA for
approval BEFORE being submitted to the Elko County Building Department in accordance with
Elko County Ordinance Title 4, Chapter 9, Section 4.
•
Elko County regulations and the Spring Creek Association DORs may differ. Therefore, the more
restrictive of the two shall apply.
•
It shall be the property owner's responsibility to know if Elko County regulations differ from Spring
Creek DORs, and COA rules, regulations and policies.
It shall be the general purpose of the COA to:
•
Maintain the high standards of the architecture and construction in our Community;
•
Administer the DORs so that the general appearance of all buildings and/or grounds within SCA are
kept within the architecture of the neighborhood and are not harmful to the public health, safety or
general welfare of the neighborhood in which the buildings and/or grounds are located;
•
Enhance the aesthetic properties and structural soundness of each developed tract; and,
•
Determine, in each instance, whether property owners are in compliance with the covenants and
conditions of the applicable DORs.
Note: The Spring Creek Association shall make available a copy of the said DORs to any and all lot owners upon request.
2.
SPRING CREEK SUBDIVISION
Spring Creek Subdivision is a planned residential community that was developed in a series of tracts. The primary local regulations regarding the use of the lots and parcels in the subdivision derived from recorded restrictive covenants commonly called DORs. On April 8, 1971, the original developer of the Spring Creek Subdivision recorded a document in the office of the Elko County Recorder called “Spring Creek Declaration of Reservations” for Tract 101. This document sets out certain covenants and conditions which are covenants running with the land and that benefit each parcel and contain mutual provisions to do, or refrain from doing, certain acts on or regarding to the land.
The covenants are contracts, and upon purchasing an interest in a lot in Spring Creek Subdivision, the purchaser is bound to perform the obligations of the contracts and is entitled to receive the benefits of the performance of the contracts by the other lot owners. Each tract has its own recorded DOR\s, which incorporate the Tract 101 DORs by reference. The Tract 101 DORs are often called the Master DORs. As each tract was developed, that tract’s DORs were recorded and there are twenty-two (22) tracts and twenty-two (22) recorded Declarations of Reservations.
3.
SPRING CREEK ASSOCIATION
The Master DOR’s state that in 1983 the developer would create or cause to be created a Nevada non-profit corporation which would have for its principal purpose the ownership, operation, maintenance and administration of designated parcels, recreational facilities and road improvements. The creation of this corporation was accomplished by the filing of the Articles of Incorporation for Spring Creek Association, filed with the Secretary of State of Nevada on April 8, 1983.
All owners of fee interests in parcels in the subdivision are members of the Association and the Association is a non-stock cooperative association, which is qualified for a particular tax treatment under the tax code. The operation has a seven (7) member Board of Directors, one from each of the 100 tracts, 200 tracts, 300 tracts and 400 tracts, along with three (3) members selected at large, which are elected by the property owners.
4.
EMPLOYEES OF SPRING CREEK ASSOCIATION
The Corporate President or General Manager of the Spring Creek Association shall hire such employees as necessary to perform the duty of Secretary for the COA.
•
The Corporate President or authorized designee shall supervise any employee in his/her duty as
Secretary for the COA.
•
Any employee hired shall be given a job description for his/her particular assigned duties.
5.
MEETINGS OF COA
The COA meetings shall be held in conformance with the Nevada Open Meeting laws as codified in Chapter 241 of the Nevada Revised Statutes, with the addition of the following Rules, Regulations and Procedures of the COA. Descriptions of specific duties and responsibilities of COA members are listed beginning with Item 36 of COA Regulations, Policies and Procedures (R&PP's).
SPRING CREEK ASSOCIATION
DORS – IMPROVEMENT STANDARDS
1.
RESIDENTIAL PROJECTS
The Spring Creek Association DORs provides that:
1.
No building, including farm or agricultural structures of any kind
2.
Fence, wall, patio deck, or other structures;
Shall be erected, altered, added to, placed or permitted to remain on any Spring Creek Subdivision property or any of them or any part of any such property until and unless
1.
Plans indicating a floor plan, external design, structural details; and,
2.
A plot plan indicating the location of sanitary sewerage system, water line and other utility
services;
3.
Have been first submitted to and approved, in writing, by the COA;
4.
Then, such plans may be taken to the Elko County Building Department for a permit, if applicable.
2.
COMMERCIAL AND INDUSTRIAL STRUCTURES
When commercial and industrial structure plans are submitted for approval, the COA may require changes, deletions and/or revisions to ensure that the commercial and industrial buildings and grounds are kept within the architecture and general appearance of the neighborhood and are not detrimental to the public health, safety, and general welfare of the community in which such structures are to be located.
3.
FEES
The COA may collect a reasonable fee for the review and potential approval of any submitted plans.
4.
COMPLIANCE
All residential, commercial and industrial structures shall conform to any and all of the requirements of the applicable codes currently adopted and enforced by the Elko County Building Department and the State of Nevada.
5.
DISCRETION OF COA
Notwithstanding any other provisions of the DORs, it shall remain the prerogative and in the jurisdiction of the COA to review applications and grant approvals for exceptions to the DORs. Variations from these requirements and, in general, other forms of deviations from these restrictions imposed by the DORs may be made in the following limited circumstances:
•
Such exceptions, variances and deviations do not in any way, detract from the appearance of the
premises, or adjacent properties located within the general vicinity thereof; and,
•
Are not in any way detrimental to the public welfare.
•
These decisions will be left in the sole discretion of the COA, and must be in compliance with the
requirements of the Elko County Code and applicable local and state laws and regulations.
SPRING CREEK ASSOCIATION
COA – REGULATIONS, POLICIES AND PROCEDURES
1.
SCOPE OF REGULATIONS, POLICIES AND PROCEDURES
These COA regulations, policies and procedures (RP&P) have been adopted by the COA as authorized in the DORs (Page 2). These Rules, Regulations and Policies are supplemental to the DORs. Therefore, please refer to the DORs and the following Regulations, Polices and Procedures.
2.
GENERAL RULES, POLICIES AND PROCEDURES
1.
MATERIALS AND PRACTICES NOT ALLOWED. The following list contains materials, practices or uses, not allowed within the Spring Creek Association which are in addition to those specifically set forth in the DORs or are otherwise prohibited or restricted by state or local laws, rules or regulations:
•
Barbed-wire fencing
•
Semi-trailers and delivery boxes located on property for storage
•
Tires with or without wheels for fencing or roof weights
•
Construction and use of motorcycle and/or ATV racing tracks, whether or not such tracks are for
personal or commercial use
•
The use of all unauthorized motorized vehicles is prohibited on all Spring Creek Association owned
property
•
Overhead fuel storage containers
•
Galvanized and metal (silver color) roofing and siding
2.
APPLICATIONS: Any application for consideration by the COA must be completed in full and comply with the DORs and the most current COA Regulations, Policies and Procedures prior to being scheduled on the agenda for presentation to the COA or Board of Directors.
Applications for the following items must be reviewed and approved by the COA:
•
Building Permits
•
4H/FFA Animal Projects;
•
Signs;
•
Livestock/Animal Permits;
•
Property Zoning changes;
•
Any waiver requests or variances from the DORs and/or the COA Regulations, Policies and
Procedures.
•
Asphalt/concrete driveways.
3.
LOT IMPROVEMENT PLANS: Plans submitted for utility only lot improvements shall not include structures or excavations for structures
4.
ADDRESSES: Houses on corner lots must take the street address on the same street as described front setback if driveway access is available from said street. In the instance that the only driveway access is from side street, then the side street shall be the lot street address.
For Emergency Services: residential, commercial and industrial address numbers shall be placed in conformance with state and county codes.
5.
ACCESSSORY STRUCTURES ON UNIMPROVED LOTS: When a Plot Plan is submitted to the COA for an accessory structure on an unimproved lot, the plot plan must provide for all necessary underground improvements.
6.
ACCESSORY STRUCTURES: Accessory structures must be similar in color to the existing residence on the property. Exterior trim elements are required so that the structure appears finished.
7.
PAYMENT: No approved plans may be released until payment for COA fees is received.
8.
SUBMISSION, REVIEW AND SIGNING OF PLANS:
•
All plans reviewed by the COA must have the owner's consent. All correspondence should be
addressed to the owner according to the Spring Creek Association's records.
•
Plans will be reviewed by the COA for approval each Thursday.
•
Applicants shall submit a completed application, plot plan and development plans with the
applicable fees by the close of business the prior Wednesday for Thursday COA approval
signatures.
•
Exception to the above signing schedule is when a Holiday falls on a Thursday. In this situation,
plan signing will take place prior to Noon on the preceding Wednesday.
9.
BUILDING COMMENCEMENT AND EXTENSIONS: This sub-section shall serve as specific approval by the COA of a 180 day construction time period for all approved permits. Said construction period shall not exceed 180 days, unless specifically approved by the COA.
•
If an applicant does not commence building by starting on the actual and visible construction of the
subject building within the 180-days from and including the date the permit is issued, the permit
expires and is therefore void.
• The COA may grant an extension of the construction time period if an application for an extension is filed with the COA prior to the end of the 180-day period.
•
If an applicant does not "commit" to building (i.e. start the structure) within the 180-days, the permit
is void on that item and any ruling passed after the application date would apply. Permit fees shall
not be reimbursed.
• Should an applicant allow a permit to become void, a new permit must be obtained to continue to
build. Appropriate permit fees are applicable for the new permit.
10.
UNFINISHED CONSTRUCTION AND EXCAVATIONS: The COA shall, at its sole discretion, file suit to obtain a Court Order to destroy such a structure and/or to fill in any such excavation, all at the expense of the lot owner. All legal costs and fees will be paid by the lot owner, as well as all costs incurred by the SCA in the demolition of the structure and/or filling in of an excavation.
11.
MEMBRANE STRUCTURES: A membrane structure is a frame covered non-pressurized building wherein the structure is composed of a rigid framework to support tensioned membrane that provides a weather barrier. Membrane structures for any use must:
•
Be approved by the COA prior to erection;
•
Have a rigid framework anchored to the ground in accordance with the Elko County Building
Departments adopted code requirements;
•
Membrane material shall be non-combustible or flame retardant;
•
Not exceed one story in height;
•
Follow setback placement requirements;
•
Be maintained in good repair and appearance; and
•
Meet COA aesthetic standard.
Exception: Membrane structures used as greenhouses are exempted from these requirements.
Note: Any addition of electric service or other utilities will require a building permit from Elko County.
12.
METAL STORAGE CONTAINERS: Storage use of semi-trailers, with or without axles, removed, and delivery boxes are detrimental to property values, and therefore not allowed.
The storage use of pre-fabricated steel container boxes, such as Con-ex vans and sea vans, are also detrimental to the property values. In order for prefabricated steel container boxes to be considered for approval by the COA they shall meet the following minimum requirements:
•
A building permit application shall be applied for and approved prior to installation;
•
The location of the container shall be in compliance with the building setback requirements for the
property; and
•
The exterior portions shall be painted similar in color to the existing residence on the property
within 90 days of installation.
Note: Non compliance will result in revocation of the building permit and proceedings to remove the container will be initiated.
13.
GUESTHOUSES: No guesthouse can exceed 500 square feet and cannot contain any type of kitchen or cooking facilities. Guesthouses are prohibited from being rented. Guesthouses shall meet the following minimum requirements:
•
A building permit application shall be applied for and approved prior to installation;
•
The location of the guesthouse shall be in compliance with the building setback requirements for
the property; and
•
The exterior portions shall be painted similar in color to the existing residence on the property
within 90 days of installation.
14.
OFF-STREET PARKING, GARAGES AND CARPORTS: The following minimum requirements must
be met for off-street parking and any garages or carports:
•
Parking space requirements must be completed prior to occupancy.
•
One (1) covered off-street parking space for any residence under 1,100 square feet.
•
Two (2) covered off-street parking spaces for any residence 1,100 square feet or more.
•
Other structures (barns, shops, etc.) of equivalent size may not be substituted.
•
This regulation does not apply to lots zoned for manufactured (mobile) homes, Tract 201 and 202.
•
The following is the minimum sizes of garages and carports:
o
One (1) space garage inside dimensions:
Clear net width minimum = 11 feet - 2 inches
Net depth minimum = 20 feet – Zero inches
o
Two (2) space garage inside dimensions:
Clear net width minimum = 19 feet – 10 inches
Net Depth minimum = 20 feet – Zero inches
•
Minimum standards for garage sizing will be accepted as minimum standards for equivalent
structures in lieu of garages.
•
Overall dimension of back out carport minimum depth 23 feet; pass through carport minimum depth
21 feet – 10 inches. Widths for carports are the same as for garages.
15.
CULVERTS: Minimum twelve (12) inch culverts are required for lot development, unless a written request is submitted to the Spring Creek Association Road Department for approval of alternative design to provide for ingress and egress to property.
All objects elevated above the existing traveled roadway section shall be marked by reflective delineators with a minimum height of 36-inches above the grade.
16.
RIGHT-OF-WAY STORAGE AND PARKING: On-the-street parking or storage of property on the right-of-way or similar action will be reported to Elko County as abandoned vehicles or property. Elko County Code Title 8, Chapter 1, Section 8, Subsection (D).
17.
TRAVEL TRAILERS: A visitor must obtain prior approval from the COA in order to use a travel trailer on a lot for longer than two (2) consecutive weeks.
18.
INOPERATIVE VEHICLES: All unlicensed vehicles are considered as inoperative. These vehicles create a negative impact on all property values. Therefore, the following minimum requirements must be met:
•
One (1) inoperative vehicle is allowed, providing that it is kept out-of-sight from all public rights-of-
way; or
•
If the inoperative vehicle can be seen from public rights-of-way, it must be covered with a
manufactured car cover; or,
•
If the inoperative vehicle can be seen from public rights-of-way, and is not covered with a
manufactured car cover, it will be removed at the expense of the lot owner.
•
Note: All legal costs and fees will be paid by the lot owner as well as all costs incurred by the
Spring Creek Association.
19.
EXTERIOR CONDITION OF STRUCTURES: All structures on any lot shall be maintained as follows:
•
In a condition of reasonable repair; and,
•
Shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness; or,
•
Constitute a nuisance, public or private.
Any such structure, which is, or has become, dangerous to the public safety, health or welfare; or, has become unsightly through improper maintenance or neglect, is a public nuisance and the COA shall commence proper proceedings for the abatement thereof.
20.
STORAGE OF FUEL: The storage of any type of fuel in overhead containers or overhead tanks is prohibited.
21.
TRASH RECEPTACLES: Enclosures on the front setback of the property are permitted for the purpose of containing trash that is waiting for pick-up by contracted garbage collection. These enclosures must:
•
Be approved by the COA prior to being erected on any exterior location of the property; and,
•
Be of sound construction; and
•
Be aesthetically appealing and not detrimental in any way to neighboring residents.
23.
OUTDOOR LIGHTING: Outdoor lighting comes under the jurisdiction of auxiliary structures with a twenty (20) feet height limitation and without being a nuisance to the neighboring residents.
24.
EVAPORATIVE COOLER UNITS: An evaporative cooler unit which is placed on, or connected to a residential dwelling shall be deemed architecturally concealed from view, if, pursuant to the submitted plans, the COA determines it not to be visible from the public right-of-way, or the unit to be of a color, shape and design as to not be aesthetically objectionable and is otherwise in conformity with the overall development of the community.
25.
FENCES AND WALLS: A fence is a structure made from rails, stakes, strung wire, vinyl or chain link that functions as a boundary or barrier. A fence or wall must:
•
Be approved by the COA prior to construction; and,
•
Meet the following conditions and restrictions:
o
Must not exceed: Five (5) feet in height within the front 50-foot setback;
o
Must not exceed: Six (6) feet in height behind the 50-foot front setback;
o
Must be: Constructed of substantial material in a workman-like manner for the reason or
purpose the fence or wall is being built;
o
No pallet fencing is allowed; and
o
No barbed wire fencing is allowed except on properties bordering active ranching
boundaries.
•
Fences and walls shall be maintained in a condition of reasonable repair; and shall not be allowed
to become and remain in a condition of disrepair damage, or unsightliness through improper
maintenance or neglect; and
•
Residents shall not allow the fencing or wall to become a public nuisance.
Any such fence or wall which is, or has become, dangerous to the public safety, health, or welfare, or has become unsightly through improper maintenance or neglect, is a public nuisance and the COA shall commence proper proceedings for the abatement thereof.
26.
GALVANIZED AND METAL ROOFS: Galvanized metal (silver color) roofing or siding is not permitted on any structure.
27.
WINDMILLS: The construction of windmills falls under Electric Power in the DORs. Wind-mills cannot exceed twenty (20) feet in height nor can the windmill diameter exceed five (5) feet.
28.
AUXILIARY STRUCTURES: Telephone poles and auxiliary structures are to be limited to twenty (20) feet high with the exception of FCC licensed antennas.
29.
REMOVAL OF EXCESSIVE BRUSH AND WEEDS: The COA may, with approval of the Board of Directors, file suit to obtain a Court Order to remove, destroy or take other action to reduce the risk of fire caused by excessive brush, weeds or other material, all at the expense of the lot owner. All legal costs and fees shall be paid by the lot owner, as well as all costs incurred by the SCA in the actions taken to reduce risk of fire. All structures should have a minimum clearance of thirty (30) feet void of excessive weeds, brush materials.
30.
CLEANING OF LOT: The COA may, with approval of the Board of Directors, file suit to obtain a Court Order or take other action to remove debris, unsightly litter or other material to clean up lot(s), all at the expense of the lot owner. All legal costs and fees shall be paid by the lot owner, as well as costs incurred by the Spring Creek Association in the actions taken to remove debris and clean up a lot.
31.
FAIRWAY EASEMENTS: There shall be no landscaping of any type on the Fairway Easements without prior approval of the Spring Creek Association Golf Superintendent or authorized designee.
32.
CHICKENS: The raising of chickens is permitted for personal use only unless expressly restricted.
33.
LIVESTOCK/ANIMALS: An application for livestock or exotic animals that are not a 4-H or FFA project must be applied for and approved by the COA prior to having livestock on a Spring Creek Lot. The COA shall approve or disapprove Livestock/Animal applications in accordance with the general guidelines listed on the Livestock/Animal application.
34.
4-H AND FFA PROJECTS: These educational projects shall be part of a sanctioned program of the University of Nevada Cooperative Extension’s 4-H Clubs or other educational programs such as the Future Farmers of America (FFA). The COA shall approve or disapprove 4-H and FFA project applications in accordance with the general guidelines listed on the 4-H and FFA project application.
35.
COA POSTING OF REGULATIONS POLICIES AND PROCEDURES: The COA shall follow the following guidelines when posting the Regulations Policies and Procedures:
•
These COA Regulations, Policies and Procedures are to be posted and available to the public.
•
The list of regulations, policies and procedures shall be updated whenever new Regulations,
Policies and Procedures are adopted.
•
The COA may recommend to the Board of Directors for possible adoption, reasonable regulations,