Assembly Bill No. 461–Committee on Government Affairs
(On Behalf of Washoe County)
March 10, 1999
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Referred to Committee on Government Affairs
SUMMARY—Makes various changes relating to land use planning in certain counties. (BDR 22-556)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 278.464 is hereby amended to read as follows: 278.464 1. Except as otherwise provided in subsection 2, if there is a1-3
planning commission, it shall:1-4
(a) In a county whose population is 40,000 or more, within 45 days; or1-5
(b) In a county whose population is less than 40,000, within 60 days,1-6
after accepting as a complete application a parcel map, recommend1-7
approval, conditional approval or disapproval of the map in a written1-8
report. The planning commission shall submit the parcel map and the1-9
written report to the governing body.1-10
2. If the governing body has authorized the planning commission to1-11
take final action on a parcel map, the planning commission shall:1-12
(a) In a county whose population is 40,000 or more, within 45 days; or2-1
(b) In a county whose population is less than 40,000, within 60 days,2-2
after accepting as a complete application the parcel map, approve,2-3
conditionally approve or disapprove the map. It shall file its written2-4
decision with the governing body. Unless the time is extended by mutual2-5
agreement, if the planning commission is authorized to take final action2-6
and it fails to take action within the period specified in this subsection, the2-7
parcel map shall be deemed approved.2-8
3. If there is no planning commission or if the governing body has not2-9
authorized the planning commission to take final action, the governing2-10
body or, by authorization of the governing body, the director of planning2-11
or other authorized person or agency shall:2-12
(a) In a county whose population is 40,000 or more, within 45 days; or2-13
(b) In a county whose population is less than 40,000, within 60 days,2-14
after acceptance of the parcel map as a complete application by the2-15
governing body pursuant to subsection 1 or pursuant to subsection 2 of2-16
NRS 278.461, review and approve, conditionally approve or disapprove2-17
the parcel map. Unless the time is extended by mutual agreement, if the2-18
governing body, the director of planning or other authorized person or2-19
agency fails to take action within the period specified in this subsection,2-20
the parcel map shall be deemed approved.2-21
4. Except as otherwise provided in NRS 278.463, if unusual2-22
circumstances exist, a governing body or, if authorized by the governing2-23
body, the planning commission may waive the requirement for a parcel2-24
map. Before waiving the requirement for a parcel map, a determination2-25
must be made by the county surveyor, city surveyor or professional land2-26
surveyor appointed by the governing body that a survey is not required.2-27
Unless the time is extended by mutual agreement, a request for a waiver2-28
must be acted upon:2-29
(a) In a county whose population is 40,000 or more, within 45 days; or2-30
(b) In a county whose population is less than 40,000, within 60 days,2-31
after the date of the request for the waiver, or, in the absence of action, the2-32
waiver shall be deemed approved.2-33
5. A governing body may consider or may, by ordinance, authorize2-34
the consideration of the criteria set forth in subsection 3 of NRS 278.3492-35
in determining whether to approve, conditionally approve or disapprove a2-36
second or subsequent parcel map for:2-37
(a) A single parcel; or2-38
(b) A contiguous tract of land under the same ownership,2-39
that has been accepted as a complete application pursuant to this section2-40
and has been submitted within 5 years after the submission of the first2-41
parcel map for that parcel or tract.2-42
6. An applicant or other person aggrieved by a decision of the2-43
governing body’s authorized representative or by a final act of the3-1
planning commission may appeal to the governing body within a3-2
reasonable period to be determined, by ordinance, by the governing body.3-3
The governing body shall render its decision:3-4
(a) In a county whose population is 40,000 or more, within 45 days; or3-5
(b) In a county whose population is less than 40,000, within 60 days,3-6
after the date the appeal is filed.3-7
3-8
or deemed approved pursuant to this section, the approval must be noted3-9
on the map in the form of a certificate attached thereto and executed by the3-10
clerk of the governing body, the governing body’s designated3-11
representative or the chairman of the planning commission.3-12
Sec. 2. NRS 278.4713 is hereby amended to read as follows: 278.4713 1. Unless the filing of a tentative map is waived, a person3-14
who proposes to make a division of land pursuant to NRS 278.471 to3-15
278.4725, inclusive, must first:3-16
(a) File a tentative map for the area in which the land is located with the3-17
planning commission or its designated representative or with the clerk of3-18
the governing body if there is no planning commission; and3-19
(b) Pay a filing fee3-20
2. This map must be:3-21
(a) Entitled "Tentative Map of Division into Large Parcels"; and3-22
(b) Prepared and certified by a professional land surveyor.3-23
3. This map must show:3-24
(a) The approximate, calculated or actual acreage of each lot and the3-25
total acreage of the land to be divided.3-26
(b) Any roads or easements of access which exist, are proposed in the3-27
applicable master plan or are proposed by the person who intends to divide3-28
the land.3-29
(c) Any easements for public utilities which exist or which are3-30
proposed.3-31
(d) Any existing easements for irrigation or drainage, and any normally3-32
continuously flowing watercourses.3-33
(e) An indication of any existing road or easement which the owner3-34
does not intend to dedicate.3-35
(f) The name and address of the owner of the land.3-36
Sec. 3. This act becomes effective upon passage and approval.~