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; authorizing a governing body to extend the period for recording an approved parcel map; increasing 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 and

2-6 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 or

2-11 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 the

2-17 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, the

2-20 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 land that has been divided by a

2-37 parcel map which was recorded within the 5 years immediately preceding

2-38 the acceptance of the second or subsequent parcel map as a complete

2-39 application.

2-40 6. An applicant or other person aggrieved by a decision of the

2-41 governing body’s authorized representative or by a final act of the planning

2-42 commission may appeal to the governing body within a reasonable period

3-1 to be determined, by ordinance, by the governing body. The governing

3-2 body shall render its decision:

3-3 (a) In a county whose population is 40,000 or more, within 45 days; or

3-4 (b) In a county whose population is less than 40,000, within 60 days,

3-5 after the date the appeal is filed.

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

3-7 or deemed approved pursuant to this section, the approval must be noted on

3-8 the map in the form of a certificate attached thereto and executed by the

3-9 clerk of the governing body, the governing body’s designated

3-10 representative or the chairman of the planning commission.

3-11 Sec. 2. NRS 278.468 is hereby amended to read as follows:

3-12 278.468 1. If a parcel map is approved or deemed approved pursuant

3-13 to NRS 278.464, the preparer of the map shall:

3-14 (a) Cause the approved map to be recorded in the office of the county

3-15 recorder within 1 year after the date the map [met all conditions required

3-16 for approval.] was approved or deemed approved, unless the governing

3-17 body establishes by ordinance a longer period, not to exceed 2 years, for

3-18 recording the map. The map must be accompanied by a written statement

3-19 signed by the treasurer of the county in which the land to be divided is

3-20 located indicating that all property taxes on the land for the fiscal year have

3-21 been paid.

3-22 (b) Pay a $17 fee to the county recorder for filing and indexing.

3-23 2. Upon receipt of a parcel map, the county recorder shall file the map

3-24 in a suitable place. He shall keep proper indexes of parcel maps by the

3-25 name of grant, tract, subdivision or United States subdivision.

3-26 Sec. 3. NRS 278.4713 is hereby amended to read as follows:

3-27 278.4713 1. Unless the filing of a tentative map is waived, a person

3-28 who proposes to make a division of land pursuant to NRS 278.471 to

3-29 278.4725, inclusive, must first:

3-30 (a) File a tentative map for the area in which the land is located with the

3-31 planning commission or its designated representative or with the clerk of

3-32 the governing body if there is no planning commission; and

3-33 (b) Pay a filing fee of no more than [$250] $750 set by the governing

3-34 body.

3-35 2. This map must be:

3-36 (a) Entitled "Tentative Map of Division into Large Parcels"; and

3-37 (b) Prepared and certified by a professional land surveyor.

3-38 3. This map must show:

3-39 (a) The approximate, calculated or actual acreage of each lot and the

3-40 total acreage of the land to be divided.

3-41 (b) Any roads or easements of access which exist, are proposed in the

3-42 applicable master plan or are proposed by the person who intends to divide

3-43 the land.

4-1 (c) Any easements for public utilities which exist or which are proposed.

4-2 (d) Any existing easements for irrigation or drainage, and any normally

4-3 continuously flowing watercourses.

4-4 (e) An indication of any existing road or easement which the owner does

4-5 not intend to dedicate.

4-6 (f) The name and address of the owner of the land.

4-7 Sec. 4. This act becomes effective upon passage and approval.

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