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).

1-1 Section 1. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. As used in NRS 278.480 to 278.4965, inclusive, and sections

1-4 2 and 3 of this act, unless the context otherwise requires, "contiguous"

1-5 means either abutting directly on the boundary or separated by a street,

1-6 alley, public right of way, creek, river or the right of way of a railroad or

1-7 other public service corporation.

1-8 Sec. 3. 1. An owner or governing body that owns two or more

1-9 contiguous parcels may merge and resubdivide the land into new parcels

1-10 or lots without reverting the preexisting parcels to acreage pursuant to

1-11 NRS 278.490.

1-12 2. Parcels merged without reversion to acreage pursuant to this

1-13 section must be resubdivided and recorded on a final map, parcel map or

1-14 map of division into large parcels, as appropriate, in accordance with

1-15 NRS 278.320 to 278.4725, inclusive, and any applicable local

1-16 ordinances. The recording of the resubdivided parcels or lots on a final

2-1 map, parcel map or map of division into large parcels, as appropriate,

2-2 constitutes the merging of the preexisting parcels into a single parcel and

2-3 the simultaneous resubdivision of that single parcel into parcels or lots of

2-4 a size and description set forth in the final map, parcel map or map of

2-5 division into large parcels, as appropriate.

2-6 3. With respect to a merger and resubdivision of parcels pursuant to

2-7 this section, the owner or governing body conducting the merger and

2-8 resubdivision shall ensure that streets, easements and utility easements,

2-9 whether public or private, that will remain in effect after the merger and

2-10 resubdivision, are delineated clearly on the final map, parcel map or map

2-11 of division into large parcels, as appropriate, on which the merger and

2-12 resubdivision is recorded.

2-13 4. If a governing body required an owner or governing body to post

2-14 security to secure the completion of improvements to two or more

2-15 contiguous parcels and those improvements will not be completed

2-16 because of a merger and resubdivision conducted pursuant to this

2-17 section, the governing body shall credit on a pro rata basis the security

2-18 posted by the owner or governing body toward the same purposes with

2-19 respect to the parcels as merged and resubdivided.

2-20 Sec. 4. NRS 278.260 is hereby amended to read as follows:

2-21 278.260 1. The governing body shall provide for the manner in

2-43 parcels nearest to the portion of the boundary being changed, to the extent

3-1 this notice does not duplicate the notice given pursuant to paragraph (b);

3-2 and

3-3 (d) Any advisory board which has been established for the affected area

3-4 by the governing body.

3-5 The notice must be sent by mail or, if requested by a party to whom notice

3-6 must be provided pursuant to paragraphs (a) to (d), inclusive, by

3-7 electronic means if receipt of such an electronic notice can be verified,

3-8 and be written in language which is easy to understand. [It] The notice

3-9 must set forth the time, place and purpose of the hearing and a physical

3-10 description of, or a map detailing, the proposed change.

3-11 4. If the proposed amendment involves a change in the boundary of a

3-12 zoning district in a county whose population is 400,000 or more, the

3-13 governing body shall, to the extent this notice does not duplicate the notice

3-14 required by subsection 2, cause a notice to be sent [by mail] at least 10 days

3-15 before the hearing to:

3-16 (a) The applicant;

3-17 (b) Each owner, as listed on the county assessor’s records, of real

3-18 property located within 500 feet from the portion of the boundary being

3-19 changed;

3-20 (c) Each owner, as listed on the county assessor’s records, of at least 30

3-21 parcels nearest to the portion of the boundary being changed, to the extent

3-22 this notice does not duplicate the notice given pursuant to paragraph (b);

3-23 and

3-24 (d) Any advisory board which has been established for the affected area

3-25 by the governing body.

3-26 The notice must be sent by mail or, if requested by a party to whom notice

3-27 must be provided pursuant to paragraphs (a) to (d), inclusive, by

3-28 electronic means if receipt of such an electronic notice can be verified,

3-29 and be written in language which is easy to understand. [It] The notice

3-30 must set forth the time, place and purpose of the hearing and a physical

3-31 description of, or a map detailing, the proposed change.

3-32 5. [The exterior of the notice mailed] If a notice is required to be sent

3-33 pursuant to subsection 4 :

3-34 (a) The exterior of a notice sent by mail; or

3-35 (b) The cover sheet, heading or subject line of a notice sent by

3-36 electronic means,

3-37 must bear a statement [printed] in at least 10-point bold type or font in

3-38 substantially the following form:

3-39 OFFICIAL NOTICE OF PUBLIC HEARING

3-40 6. In addition to [mailing] sending the notice required pursuant to

3-41 subsection 4, in a county whose population is 400,000 or more, the

4-1 governing body shall, no later than 10 days before the hearing, erect or

4-2 cause to be erected on the property, at least one sign not less than 2 feet

4-3 high and 2 feet wide. The sign must be made of material reasonably

4-4 calculated to withstand the elements for 40 days. The governing body must

4-5 be consistent in its use of colors for the background and lettering of the

4-6 sign. The sign must include the following information:

4-7 (a) The existing zoning designation of the property in question;

4-8 (b) The proposed zoning designation of the property in question;

4-9 (c) The date, time and place of the public hearing;

4-10 (d) A telephone number which may be used by interested persons to

4-11 obtain additional information; and

4-12 (e) A statement which indicates whether the proposed zoning

4-13 designation of the property in question complies with the requirements of

4-14 the master plan of the city or county in which the property is located.

4-15 7. A sign required pursuant to subsection 6 is for informational

4-16 purposes only, and must be erected regardless of any local ordinance

4-17 regarding the size, placement or composition of signs to the contrary.

4-18 8. A governing body may charge an additional fee for each application

4-19 to amend an existing zoning regulation, restriction or boundary to cover the

4-20 actual costs resulting from the mailed notice required by this section and

4-21 the erection of not more than one of the signs required by subsection 6, if

4-22 any. The additional fee is not subject to the limitation imposed by NRS

4-23 354.5989.

4-24 9. The governing body shall remove or cause to be removed any sign

4-25 required by subsection 6 within 5 days after the final hearing for the

4-26 application for which the sign was erected. There must be no additional

4-27 charge to the applicant for such removal.

4-28 Sec. 5. NRS 278.315 is hereby amended to read as follows:

4-29 278.315 1. The governing body may provide by ordinance for the

4-42 pursuant to NRS 278.0201.] A notice setting forth the time, place and

5-1 purpose of the hearing must be sent [by mail] at least 10 days before the

5-2 hearing to:

5-3 (a) The applicant;

5-4 (b) Each owner of real property located within 300 feet of the property

5-5 in question;

5-6 (c) If a mobile home park is located within 300 feet of the property in

5-7 question, each tenant of that mobile home park; and

5-8 (d) Any advisory board which has been established for the affected area

5-9 by the governing body.

5-10 The notice must be sent by mail or, if requested by a party to whom notice

5-11 must be provided pursuant to paragraphs (a) to (d), inclusive, by

5-12 electronic means if receipt of such an electronic notice can be verified,

5-13 and be written in language which is easy to understand. [It] The notice

5-14 must set forth the time, place and purpose of the hearing and a physical

5-15 description or map of the property in question.

5-16 3. If the application is for the issuance of a special use permit in a

5-17 county whose population is 100,000 or more, the governing body shall, to

5-18 the extent this notice does not duplicate the notice required by subsection 2,

5-19 cause a notice to be sent [by mail] at least 10 days before the hearing to

5-20 each owner, as listed on the county assessor’s records, of at least 30 parcels

5-21 nearest to the property in question. The notice must be sent by mail or, if

5-22 requested by an owner to whom notice must be provided, by electronic

5-23 means if receipt of such an electronic notice can be verified, and be

5-24 written in language which is easy to understand. [It] The notice must set

5-25 forth the time, place and purpose of the hearing and a physical description

5-26 or map of the property in question.

5-27 4. An ordinance adopted pursuant to this section must provide an

5-28 opportunity for the applicant or a protestant to appeal from a decision of

5-29 the board of adjustment, planning commission or hearing examiner to the

5-30 governing body.

5-31 5. In a county whose population is 400,000 or more, if the application

5-32 is for the issuance of a special use permit for an establishment which serves

5-33 alcoholic beverages for consumption on or off of the premises as its

5-34 primary business in a district which is not a gaming enterprise district as

5-35 defined in NRS 463.0158, the governing body shall, in addition to

5-36 [mailing] sending the notice required pursuant to subsection 3, not later

5-37 than 10 days before the hearing, erect or cause to be erected on the

5-38 property, at least one sign not less than 2 feet high and 2 feet wide. The

5-39 sign must be made of material reasonably calculated to withstand the

5-40 elements for 40 days. The governing body must be consistent in its use of

5-41 colors for the background and lettering of the sign. The sign must include

5-42 the following information:

6-1 (a) The existing permitted use and zoning designation of the property in

6-2 question;

6-3 (b) The proposed permitted use of the property in question;

6-4 (c) The date, time and place of the public hearing; and

6-5 (d) A telephone number which may be used by interested persons to

6-6 obtain additional information.

6-7 6. A sign required pursuant to subsection 5 is for informational

6-8 purposes only, and must be erected regardless of any local ordinance

6-9 regarding the size, placement or composition of signs to the contrary.

6-10 7. A governing body may charge an additional fee for each application

6-11 for a special use permit to cover the actual costs resulting from the erection

6-12 of not more than one sign required by subsection 5, if any. The additional

6-13 fee is not subject to the limitation imposed by NRS 354.5989.

6-14 8. The governing body shall remove or cause to be removed any sign

6-15 required by subsection 5 within 5 days after the final hearing for the

6-16 application for which the sign was erected. There must be no additional

6-17 charge to the applicant for such removal.

6-18 Sec. 6. NRS 278.378 is hereby amended to read as follows:

6-19 278.378 1. A final map presented to the county recorder for filing

6-36 the approved final map to be presented to the county recorder for filing.

6-37 Sec. 7. NRS 278.464 is hereby amended to read as follows:

6-38 278.464 1. Except as otherwise provided in subsection 2, if there is a

7-1 (b) In a county whose population is less than 40,000, within 60
7-2 days,

7-3 after accepting as a complete application a parcel map, recommend

7-4 approval, conditional approval or disapproval of the map in a written

7-5 report. The planning commission shall submit the parcel map and the

7-6 written report to the governing body.

7-7 2. If the governing body has authorized the planning commission to

7-8 take final action on a parcel map, the planning commission shall:

7-9 (a) In a county whose population is 40,000 or more, within 45 days; or

7-10 (b) In a county whose population is less than 40,000, within 60
7-11 days,

7-12 after accepting as a complete application the parcel map, approve,

7-13 conditionally approve or disapprove the map. It shall file its written

7-14 decision with the governing body. Unless the time is extended by mutual

7-15 agreement, if the planning commission is authorized to take final action and

7-16 it fails to take action within the period specified in this subsection, the

7-17 parcel map shall be deemed approved.

7-18 3. If there is no planning commission or if the governing body has not

7-19 authorized the planning commission to take final action, the governing

7-20 body or, by authorization of the governing body, the director of planning or

7-21 other authorized person or agency shall:

7-22 (a) In a county whose population is 40,000 or more, within 45 days; or

7-23 (b) In a county whose population is less than 40,000, within 60
7-24 days,

7-25 after acceptance of the parcel map as a complete application by the

7-26 governing body pursuant to subsection 1 or pursuant to subsection 2 of

7-27 NRS 278.461, review and approve, conditionally approve or disapprove the

7-28 parcel map. Unless the time is extended by mutual agreement, if the

7-29 governing body, the director of planning or other authorized person or

7-30 agency fails to take action within the period specified in this subsection, the

7-31 parcel map shall be deemed approved.

7-32 4. Except as otherwise provided in NRS 278.463, if unusual

7-33 circumstances exist, a governing body or, if authorized by the governing

7-34 body, the planning commission may waive the requirement for a parcel

7-35 map. Before waiving the requirement for a parcel map, a determination

7-36 must be made by the county surveyor, city surveyor or professional land

7-37 surveyor appointed by the governing body that a survey is not required.

7-38 Unless the time is extended by mutual agreement, a request for a waiver

7-39 must be acted upon:

7-40 (a) In a county whose population is 40,000 or more, within 45 days; or

8-1 (b) In a county whose population is less than 40,000, within 60
8-2 days,

8-3 after the date of the request for the waiver, or, in the absence of action, the

8-4 waiver shall be deemed approved.

8-5 5. An applicant or other person aggrieved by a decision of the

8-6 governing body’s authorized representative or by a final act of the planning

8-7 commission may appeal to the governing body within a reasonable period

8-8 to be determined, by ordinance, by the governing body. The governing

8-9 body shall render its decision:

8-10 (a) In a county whose population is 40,000 or more, within 45 days; or

8-11 (b) In a county whose population is less than 40,000, within 60
8-12 days,

8-13 after the date the appeal is filed.

8-14 6. If a parcel map and the associated division of land are approved or

8-15 deemed approved pursuant to this section, the approval must be noted on

8-16 the map in the form of a certificate attached thereto and executed by the

8-17 clerk of the governing body, the governing body’s designated

8-18 representative or the chairman of the planning commission. A certificate

8-19 attached to a parcel map pursuant to this subsection must indicate, if

8-20 applicable, that the governing body or planning commission determined

8-21 that a public street, easement or utility easement which will not remain in

8-22 effect after a merger and resubdivision of parcels conducted pursuant to

8-23 section 3 of this act, has been vacated or abandoned in accordance with

8-24 NRS 278.480.

8-25 Sec. 8. NRS 278.4725 is hereby amended to read as follows:

8-26 278.4725 1. Except as otherwise provided in this section, if the

8-42 body or its authorized representative shall approve, conditionally approve

9-1 or disapprove the final map, basing its action upon the requirements of

9-2 NRS 278.472:

9-3 (a) In a county whose population is 40,000 or more, within 45 days; or

9-4 (b) In a county whose population is less than 40,000, within 60
9-5 days,

9-6 after the final map is accepted as a complete application. Except as

9-7 otherwise provided in subsection 5 or unless the time is extended by mutual

9-8 agreement, if the governing body or its authorized representative fails to

9-9 take action within the period specified in this subsection, the final map shall

9-10 be deemed approved unconditionally.

9-11 3. An applicant or other person aggrieved by a decision of the

9-12 authorized representative of the governing body or by a final act of the

9-13 planning commission may appeal to the governing body within a

9-14 reasonable period to be determined, by ordinance, by the governing body.

9-15 The governing body shall render its decision:

9-16 (a) In a county whose population is 40,000 or more, within 45 days; or

9-17 (b) In a county whose population is less than 40,000, within 60
9-18 days,

9-19 after the date on which the appeal is filed.

9-20 4. If the map is disapproved, the governing body or its authorized

9-21 representative or the planning commission shall return the map to the

9-22 person who proposes to divide the land, with the reason for its action and a

9-23 statement of the changes necessary to render the map acceptable.

9-24 5. If the final map divides the land into 16 lots or more, the governing

9-25 body or its authorized representative or the planning commission shall not

9-26 approve a map, and a map shall not be deemed approved, unless:

9-27 (a) Each lot contains an access road that is suitable for use by

9-28 emergency vehicles; and

9-29 (b) The corners of each lot are set by a professional land surveyor.

9-30 6. If the final map divides the land into 15 lots or less, the governing

9-31 body or its authorized representative or the planning commission may, if

9-32 reasonably necessary, require the map to comply with the provisions of

9-33 subsection 5.

9-34 7. Upon approval, the map must be filed with the county recorder.

9-35 Filing with the county recorder operates as a continuing:

9-36 (a) Offer to dedicate for public roads the areas shown as proposed roads

9-37 or easements of access, which the governing body may accept in whole or

9-38 in part at any time or from time to time.

9-39 (b) Offer to grant the easements shown for public utilities, which any

9-40 public utility may similarly accept without excluding any other public

9-41 utility whose presence is physically compatible.

10-1 8. The map filed with the county recorder must include:

10-2 (a) A certificate signed and acknowledged by each owner of land to be

10-3 divided consenting to the preparation of the map, the dedication of the

10-4 roads and the granting of the easements.

10-5 (b) A certificate signed by the clerk of the governing body or authorized

10-6 representative of the governing body or the secretary to the planning

10-7 commission that the map was approved, or the affidavit of the person

10-8 presenting the map for filing that the time limited by subsection 1 or 2 for

10-9 action by the governing body or its authorized representative or the

10-10 planning commission has expired and that the requirements of subsection 5

10-11 have been met. A certificate signed pursuant to this paragraph must also

10-12 indicate, if applicable, that the governing body or planning commission

10-13 determined that a public street, easement or utility easement which will

10-14 not remain in effect after a merger and resubdivision of parcels

10-15 conducted pursuant to section 3 of this act, has been vacated or

10-16 abandoned in accordance with NRS 278.480.

10-17 (c) A written statement signed by the treasurer of the county in which

10-18 the land to be divided is located indicating that all property taxes on the

10-19 land for the fiscal year have been paid.

10-20 9. A governing body may by local ordinance require a final map to

10-21 include:

10-22 (a) A report from a title company which lists the names of:

10-23 (1) Each owner of record of the land to be divided; and

10-24 (2) Each holder of record of a security interest in the land to be

10-25 divided, if the security interest was created by a mortgage or a deed of trust.

10-26 (b) The signature of each owner of record of the land to be divided.

10-27 (c) The written consent of each holder of record of a security interest

10-28 listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

10-29 recordation of the final map. A holder of record may consent by signing:

10-30 (1) The final map; or

10-31 (2) A separate document that is filed with the final map and declares

10-32 his consent to the division of land.

10-33 10. After a map has been filed with the county recorder, any lot shown

10-34 thereon may be conveyed by reference to the map, without further

10-35 description.

10-36 11. The county recorder shall charge and collect for recording the map

10-37 a fee of not more than $35 per page set by the board of county

10-38 commissioners.

10-39 Sec. 9. NRS 278.490 is hereby amended to read as follows:

10-40 278.490 1. [Any] Except as otherwise provided in section 3 of this

10-43 thereof to acreage or to revert the map or portion thereof, or to revert more

11-1 than one map recorded under the same tentative map if the parcels to be

11-2 reverted are contiguous, shall submit a written application accompanied by

11-3 a map of the proposed reversion which contains the same survey

11-4 dimensions as the recorded map or maps to the governing body or, if

11-5 authorized by local ordinance, to the planning commission or other

11-6 authorized person. The application must describe the requested changes.

11-7 2. At its next meeting, or within a period of not more than 30 days after

11-8 the filing of the map of reversion, whichever occurs later, the governing

11-9 body or, if authorized by local ordinance, the planning commission or other

11-10 authorized person shall review the map and approve, conditionally approve

11-11 or disapprove it.

11-12 3. Except for the provisions of this section, NRS 278.4955, 278.496

11-13 and 278.4965 and any provision or local ordinance relating to the payment

11-14 of fees in conjunction with filing, recordation or checking of a map of the

11-15 kind offered, no other provision of NRS 278.010 to 278.630, inclusive,

11-16 applies to a map made solely for the purpose of reversion of a former map

11-17 or for reversion of any division of land to acreage.

11-18 4. Upon approval of the map of reversion, it must be recorded in the

11-19 office of the county recorder. The county recorder shall make a written

11-20 notation of the fact on each sheet of the previously recorded map affected

11-21 by the later recording, if the county recorder does not maintain a

11-22 cumulative index for such maps and amendments. If such an index is

11-23 maintained, the county recorder shall direct an appropriate entry for the

11-24 amendment.

11-25 [5. As used in this section, "contiguous" means either abutting directly

11-26 on the boundary or separated by a street, alley, public right of way, creek,

11-27 river or the right of way of a railroad or other public service corporation.]