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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to land use planning; authorizing a governing body or planning commission to consider certain criteria in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map with respect to certain tracts of land; removing the limitation on the amount that a governing body may set for the fee for filing a tentative map of division into large parcels; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 278.464 is hereby amended to read as follows:

1-2 278.464 1. Except as otherwise provided in subsection 2, if there is a

1-3 planning commission, it shall:

1-4 (a) In a county whose population is 40,000 or more, within 45 days; or

1-5 (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, recommend

1-7 approval, conditional approval or disapproval of the map in a written

1-8 report. The planning commission shall submit the parcel map and the

1-9 written report to the governing body.

1-10 2. If the governing body has authorized the planning commission to

1-11 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; or

2-1 (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 written

2-4 decision with the governing body. Unless the time is extended by mutual

2-5 agreement, if the planning commission is authorized to take final action

2-6 and it fails to take action within the period specified in this subsection, the

2-7 parcel map shall be deemed approved.

2-8 3. If there is no planning commission or if the governing body has not

2-9 authorized the planning commission to take final action, the governing

2-10 body or, by authorization of the governing body, the director of planning

2-11 or other authorized person or agency shall:

2-12 (a) In a county whose population is 40,000 or more, within 45 days; or

2-13 (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 the

2-15 governing body pursuant to subsection 1 or pursuant to subsection 2 of

2-16 NRS 278.461, review and approve, conditionally approve or disapprove

2-17 the parcel map. Unless the time is extended by mutual agreement, if the

2-18 governing body, the director of planning or other authorized person or

2-19 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 unusual

2-22 circumstances exist, a governing body or, if authorized by the governing

2-23 body, the planning commission may waive the requirement for a parcel

2-24 map. Before waiving the requirement for a parcel map, a determination

2-25 must be made by the county surveyor, city surveyor or professional land

2-26 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 waiver

2-28 must be acted upon:

2-29 (a) In a county whose population is 40,000 or more, within 45 days; or

2-30 (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, the

2-32 waiver shall be deemed approved.

2-33 5. A governing body may consider or may, by ordinance, authorize

2-34 the consideration of the criteria set forth in subsection 3 of NRS 278.349

2-35 in determining whether to approve, conditionally approve or disapprove a

2-36 second or subsequent parcel map for:

2-37 (a) A single parcel; or

2-38 (b) A contiguous tract of land under the same ownership,

2-39 that has been accepted as a complete application pursuant to this section

2-40 and has been submitted within 5 years after the submission of the first

2-41 parcel map for that parcel or tract.

2-42 6. An applicant or other person aggrieved by a decision of the

2-43 governing body’s authorized representative or by a final act of the

3-1 planning commission may appeal to the governing body within a

3-2 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; or

3-5 (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 [6.] 7. If a parcel map and the associated division of land are approved

3-8 or deemed approved pursuant to this section, the approval must be noted

3-9 on the map in the form of a certificate attached thereto and executed by the

3-10 clerk of the governing body, the governing body’s designated

3-11 representative or the chairman of the planning commission.

3-12 Sec. 2. NRS 278.4713 is hereby amended to read as follows:

3-13 278.4713 1. Unless the filing of a tentative map is waived, a person

3-14 who proposes to make a division of land pursuant to NRS 278.471 to

3-15 278.4725, inclusive, must first:

3-16 (a) File a tentative map for the area in which the land is located with the

3-17 planning commission or its designated representative or with the clerk of

3-18 the governing body if there is no planning commission; and

3-19 (b) Pay a filing fee [of no more than $250] set by the governing body.

3-20 2. This map must be:

3-21 (a) Entitled "Tentative Map of Division into Large Parcels"; and

3-22 (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 the

3-25 total acreage of the land to be divided.

3-26 (b) Any roads or easements of access which exist, are proposed in the

3-27 applicable master plan or are proposed by the person who intends to divide

3-28 the land.

3-29 (c) Any easements for public utilities which exist or which are

3-30 proposed.

3-31 (d) Any existing easements for irrigation or drainage, and any normally

3-32 continuously flowing watercourses.

3-33 (e) An indication of any existing road or easement which the owner

3-34 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.

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