(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 554–Committee on Government Affairs

 

(On Behalf of Washoe County)

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning land use planning. (BDR 22‑322)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; requiring the governing body of each county and city to adopt an ordinance providing for the appeal of certain land use decisions to the governing body; providing for an appeal of such decisions by the governing body to the district court; authorizing the governing body of a county or city to adopt an alternative procedure allowing certain decisions of a board of adjustment to be appealed directly to the district court; raising the maximum compensation that a governing body may provide to its planning commission for each meeting of the planning commission; authorizing certain attested copies of a master plan to be certified by electronic means; modifying the period within which certain entities must take action on a tentative map, parcel map or final map; revising provisions regarding the presentation of a series of final maps for a subdivision; 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. Chapter 278 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Except as otherwise provided in NRS 278.310, each governing

1-4  body shall adopt an ordinance providing that any person who is

1-5  aggrieved by a decision of:

1-6    (a) The planning commission, if the governing body has created a

1-7  planning commission pursuant to NRS 278.030;

1-8    (b) The board of adjustment, if the governing body has created a

1-9  board of adjustment pursuant to NRS 278.270;

1-10    (c) A hearing examiner, if the governing body has appointed a

1-11  hearing examiner pursuant to NRS 278.262; or

2-1    (d) Any other person appointed or employed by the governing body

2-2  who is authorized to make administrative decisions regarding the use of

2-3  land,

2-4  may appeal the decision to the governing body.

2-5    2.  Except as otherwise provided in NRS 278.310, an ordinance

2-6  adopted pursuant to subsection 1 must set forth, without limitation:

2-7    (a) The period within which an appeal must be filed with the

2-8  governing body.

2-9    (b) The procedures pursuant to which the governing body will hear

2-10  the appeal.

2-11    (c) That the governing body may affirm, modify or reverse a decision.

2-12    (d) The period within which the governing body must render its

2-13  decision except that:

2-14      (1) In a county whose population is 400,000 or more, that period

2-15  must not exceed 45 days.

2-16      (2) In a county whose population is less than 400,000, that period

2-17  must not exceed 60 days.

2-18    (e) That the decision of the governing body is a final decision for the

2-19  purpose of judicial review.

2-20    (f) That, in reviewing a decision, the governing body will be guided by

2-21  the statement of purpose underlying the regulation of the improvement of

2-22  land expressed in NRS 278.020.

2-23    (g) That the governing body may charge the appellant for the cost of

2-24  the appeal if the governing body, after a hearing, determines that the

2-25  appeal is frivolous.

2-26    3.  Any person who:

2-27    (a) Has appealed a decision to the governing body in accordance with

2-28  an ordinance adopted pursuant to subsection 1; and

2-29    (b) Is aggrieved by the decision of the governing body,

2-30  may appeal that decision to the district court of the proper county by

2-31  filing a petition for judicial review within 25 days after the date of filing

2-32  of notice of the decision with the clerk or secretary of the governing body,

2-33  as set forth in NRS 278.0235.

2-34    Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-35    278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1

2-36  of this act, unless the context otherwise requires, the words and terms

2-37  defined in NRS 278.0105 to 278.0195, inclusive, have the meanings

2-38  ascribed to them in those sections.

2-39    Sec. 3.  NRS 278.040 is hereby amended to read as follows:

2-40    278.040  1.  The members of the planning commission are appointed

2-41  by the chief executive officer of the city, or in the case of a county by the

2-42  chairman of the board of county commissioners, with the approval of the

2-43  governing body. The members must not be members of the governing body

2-44  of the city or county. The majority of the members of the county planning

2-45  commission in any county whose population is 400,000 or more must

2-46  reside within the unincorporated area of the county.

2-47    2.  In Carson City, the members of the planning commission

2-48  established as provided in NRS 278.030 are appointed by the mayor from

2-49  the city at large, with the approval of the board of supervisors.

3-1    3.  The governing body may provide for compensation to its planning

3-2  commission in an amount of not more than [$50] $100 per meeting of the

3-3  commission, with a total of not more than $400 per month, and may

3-4  provide travel expenses and subsistence allowances for the members in the

3-5  same amounts as are allowed for other officers and employees of the

3-6  county or city.

3-7    4.  Except as otherwise provided in this subsection, the term of each

3-8  member is 4 years, or until his successor takes office. If applicable, the

3-9  term of each member of a county or city planning commission in any

3-10  county whose population is 400,000 or more is coterminous with the term

3-11  of the member of the governing body who recommended his appointment

3-12  to the appointing authority. If the recommending member resigns his office

3-13  before the expiration of his term, the corresponding member of the

3-14  planning commission may continue to serve until the office is next filled by

3-15  election. If the office of the recommending member becomes vacant before

3-16  the expiration of the term for any other reason, the corresponding member

3-17  of the planning commission may continue to serve for the duration of the

3-18  original term.

3-19    5.  Members may be removed, after public hearing, by a majority vote

3-20  of the governing body for just cause.

3-21    6.  Vacancies occurring otherwise than through the expiration of term

3-22  must be filled for the unexpired term.

3-23    Sec. 4.  NRS 278.210 is hereby amended to read as follows:

3-24    278.210  1.  Before adopting the master plan or any part of it, or any

3-25  substantial amendment thereof, the commission shall hold at least one

3-26  public hearing thereon, notice of the time and place of which [shall] must

3-27  be given at least by one publication in a newspaper of general circulation in

3-28  the city or county, or in the case of a regional planning commission, by one

3-29  publication in a newspaper in each county within the regional district, at

3-30  least 10 days before the day of the hearing.

3-31    2.  The adoption of the master plan, or of any amendment, extension or

3-32  addition thereof, [shall] must be by resolution of the commission carried by

3-33  the affirmative votes of not less than two-thirds of the total membership of

3-34  the commission. The resolution [shall] must refer expressly to the maps,

3-35  descriptive matter and other matter intended by the commission to

3-36  constitute the plan or any amendment, addition or extension thereof, and

3-37  the action taken [shall] must be recorded on the map and plan and

3-38  descriptive matter by the identifying signatures of the secretary and

3-39  chairman of the commission.

3-40    3.  No plan or map, hereafter, [shall] may have indicated thereon that it

3-41  is a part of the master plan until it [shall have] has been adopted as part of

3-42  the master plan by the commission as herein provided for the adoption

3-43  thereof, whenever changed conditions or further studies by the commission

3-44  require such amendments, extension[,] or addition.

3-45    4.  An attested copy of any part, amendment, extension of or addition

3-46  to the master plan adopted by the planning commission of any city, county

3-47  or region [shall] must be certified to the governing body of [such] the city,

3-48  county or region. The governing body of the city, county or region may

3-49  authorize such certification by electronic means.

4-1    5.  An attested copy of any part, amendment, extension of or addition

4-2  to the master plan adopted by any regional planning commission [shall]

4-3  must be certified to the county planning commission and to the board of

4-4  county commissioners of each county within the regional district. The

4-5  county planning commission and board of county commissioners may

4-6  authorize such certification by electronic means.

4-7    Sec. 5.  NRS 278.265 is hereby amended to read as follows:

4-8    278.265  1.  Any ordinance enacted pursuant to the provisions of NRS

4-9  278.264 must provide, in substance, the same notice of hearing and

4-10  conduct of hearing safeguards required by NRS 278.315 or 278.480,

4-11  whichever is applicable.

4-12    2.  The governing body shall, by ordinance, set forth the duties and

4-13  powers of the hearing examiner, including a statement of whether the

4-14  hearing examiner may take final action on any matter assigned to him by

4-15  the governing body.

4-16    3.  Except as otherwise provided in subsection 4, the governing body

4-17  may authorize the hearing examiner to take final action on matters relating

4-18  to a variance, vacation, abandonment, special use permit, conditional use

4-19  permit and other special exception or application specified in the

4-20  ordinance.

4-21    4.  The governing body shall not authorize the hearing examiner to take

4-22  final action on:

4-23    (a) Matters relating to a zoning classification, zoning district or an

4-24  amendment to a zoning boundary.

4-25    (b) An application for a conditional use permit that is filed pursuant to

4-26  NRS 278.147.

4-27    5.  An [ordinance adopted pursuant to NRS 278.264 must set forth the

4-28  manner in which an] applicant or protestant may appeal any final action

4-29  taken by the hearing examiner [to the governing body.] in accordance with

4-30  the ordinance adopted pursuant to section 1 of this act.

4-31    Sec. 6.  NRS 278.310 is hereby amended to read as follows:

4-32    278.310  1.  [Appeals] Except as otherwise provided in subsection 4,

4-33  appeals to the board of adjustment may be taken by:

4-34    (a) Any person aggrieved by his inability to obtain a building permit, or

4-35  by the decision of any administrative officer or agency based upon or made

4-36  in the course of the administration or enforcement of the provisions of any

4-37  zoning regulation or any regulation relating to the location or soundness of

4-38  structures.

4-39    (b) Any officer, department, board or bureau of the city or county

4-40  affected by the grant or refusal of a building permit or by other decision of

4-41  an administrative officer or agency based on or made in the course of the

4-42  administration or enforcement of the provisions of any zoning regulations.

4-43    2.  [The] Except as otherwise provided in subsection 4, the time within

4-44  which an appeal must be made, and the form of other procedure relating

4-45  thereto, [shall] must be as specified in the general rules provided by the

4-46  governing body to govern the procedure of the board of adjustment and in

4-47  the supplemental rules of procedure adopted by the board of adjustment.

4-48    3.  Each governing body which has created a board of adjustment

4-49  pursuant to NRS 278.270 shall adopt an ordinance providing that any

5-1  person who is aggrieved by a decision of the board of adjustment

5-2  regarding an appeal of an administrative decision may appeal the

5-3  decision of the board of adjustment. An ordinance that a governing body

5-4  is required to adopt pursuant to this subsection must either:

5-5    (a) Comply with subsection 2 of section 1 of this act, thereby requiring

5-6  the aggrieved person first to appeal the decision of the board of

5-7  adjustment to the governing body; or

5-8    (b) Set forth a separate procedure which allows the aggrieved person

5-9  to appeal the decision of the board of adjustment directly to the district

5-10  court of the proper county by filing a petition for judicial review within

5-11  25 days after the date of filing of notice of the decision with the clerk or

5-12  secretary of the board of adjustment, as provided in NRS 278.0235.

5-13    4.  If the governing body has not created a board of adjustment

5-14  pursuant to NRS 278.270, any person aggrieved by the decision of an

5-15  administrative officer or agency, as described in subsection 1, may appeal

5-16  the decision in accordance with the ordinance adopted pursuant to

5-17  section 1 of this act.

5-18    Sec. 7.  NRS 278.315 is hereby amended to read as follows:

5-19    278.315  1.  The governing body may provide by ordinance for the

5-20  granting of variances, special use permits, conditional use permits or other

5-21  special exceptions by the board of adjustment, the planning commission or

5-22  a hearing examiner appointed pursuant to NRS 278.262. The governing

5-23  body may impose this duty entirely on the board, commission or examiner,

5-24  respectively, or provide for the granting of enumerated categories of

5-25  variances, special use permits, conditional use permits or special

5-26  exceptions by the board, commission or examiner.

5-27    2.  A hearing to consider an application for the granting of a variance,

5-28  special use permit, conditional use permit or special exception must be held

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

5-30  within 65 days after the filing of the application, unless a longer time or a

5-31  different process of review is provided in an agreement entered into

5-32  pursuant to NRS 278.0201. A notice setting forth the time, place and

5-33  purpose of the hearing must be sent by mail at least 10 days before the

5-34  hearing to:

5-35    (a) The applicant;

5-36    (b) Each owner of real property located within 300 feet of the property

5-37  in question;

5-38    (c) If a mobile home park is located within 300 feet of the property in

5-39  question, each tenant of that mobile home park; and

5-40    (d) Any advisory board which has been established for the affected area

5-41  by the governing body.

5-42  The notice must be sent by mail or, if requested by a party to whom notice

5-43  must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic

5-44  means if receipt of such an electronic notice can be verified, and be written

5-45  in language which is easy to understand. The notice must set forth the time,

5-46  place and purpose of the hearing and a physical description or map of the

5-47  property in question.

5-48    3.  If the application is for the issuance of a special use permit in a

5-49  county whose population is 100,000 or more, the governing body shall, to

6-1  the extent this notice does not duplicate the notice required by subsection

6-2  2, cause a notice to be sent at least 10 days before the hearing to each

6-3  owner, as listed on the county assessor’s records, of at least 30 parcels

6-4  nearest to the property in question. The notice must be sent by mail or, if

6-5  requested by an owner to whom notice must be provided, by electronic

6-6  means if receipt of such an electronic notice can be verified, and be written

6-7  in language which is easy to understand. The notice must set forth the time,

6-8  place and purpose of the hearing and a physical description or map of the

6-9  property in question.

6-10    4.  An [ordinance adopted pursuant to this section must provide an

6-11  opportunity for the] applicant or a protestant [to appeal from] may appeal a

6-12  decision of the board of adjustment, planning commission or hearing

6-13  examiner [to the governing body.] in accordance with the ordinance

6-14  adopted pursuant to section 1 of this act.

6-15    5.  In a county whose population is 400,000 or more, if the application

6-16  is for the issuance of a special use permit for an establishment which serves

6-17  alcoholic beverages for consumption on or off of the premises as its

6-18  primary business in a district which is not a gaming enterprise district as

6-19  defined in NRS 463.0158, the governing body shall, in addition to sending

6-20  the notice required pursuant to subsection 3, not later than 10 days before

6-21  the hearing, erect or cause to be erected on the property, at least one sign

6-22  not less than 2 feet high and 2 feet wide. The sign must be made of

6-23  material reasonably calculated to withstand the elements for 40 days. The

6-24  governing body must be consistent in its use of colors for the background

6-25  and lettering of the sign. The sign must include the following information:

6-26    (a) The existing permitted use and zoning designation of the property in

6-27  question;

6-28    (b) The proposed permitted use of the property in question;

6-29    (c) The date, time and place of the public hearing; and

6-30    (d) A telephone number which may be used by interested persons to

6-31  obtain additional information.

6-32    6.  A sign required pursuant to subsection 5 is for informational

6-33  purposes only, and must be erected regardless of any local ordinance

6-34  regarding the size, placement or composition of signs to the contrary.

6-35    7.  A governing body may charge an additional fee for each application

6-36  for a special use permit to cover the actual costs resulting from the erection

6-37  of not more than one sign required by subsection 5, if any. The additional

6-38  fee is not subject to the limitation imposed by NRS 354.5989.

6-39    8.  The governing body shall remove or cause to be removed any sign

6-40  required by subsection 5 within 5 days after the final hearing for the

6-41  application for which the sign was erected. There must be no additional

6-42  charge to the applicant for such removal.

6-43    9.  The provisions of this section do not apply to an application for

6-44  conditional use permit filed pursuant to NRS 278.147.

6-45    Sec. 8.  NRS 278.319 is hereby amended to read as follows:

6-46    278.319  1.  The governing body may adopt an ordinance that

6-47  authorizes the director of planning or another person or agency to grant

6-48  minor deviations from requirements for land use established within a

6-49  zoning district without conducting a hearing. The ordinance must require

7-1  an applicant for a minor deviation to obtain the written consent of the

7-2  owner of any real property that would be affected by the minor deviation.

7-3    2.  If the director of planning or other authorized person or agency

7-4  grants a deviation in accordance with its authority delegated pursuant to

7-5  subsection 1, the director of planning or other authorized person or agency

7-6  shall ensure that the deviation will not impair the purpose of the zoning

7-7  district or any regulations adopted by the governing body pursuant to NRS

7-8  278.250.

7-9    3.  An [ordinance adopted pursuant to this section must provide an

7-10  opportunity for an] applicant or other aggrieved person [to] may appeal the

7-11  decision of the director of planning or other authorized person or agency

7-12  [to the governing body.] in accordance with the ordinance adopted

7-13  pursuant to section 1 of this act.

7-14    Sec. 9.  NRS 278.328 is hereby amended to read as follows:

7-15    278.328  The governing body may, by ordinance, authorize the

7-16  planning commission to take final action on a tentative map and a final

7-17  map. Any person aggrieved by the commission’s action may appeal the

7-18  commission’s decision [to the governing body within a reasonable period

7-19  to be determined, by ordinance, by the governing body.] in accordance

7-20  with the ordinance adopted pursuant to section 1 of this act.

7-21    Sec. 10.  NRS 278.330 is hereby amended to read as follows:

7-22    278.330  1.  The initial action in connection with the making of any

7-23  subdivision is the preparation of a tentative map.

7-24    2.  The subdivider shall file copies of such map with the planning

7-25  commission or its designated representative, or with the clerk of the

7-26  governing body if there is no planning commission, together with a filing

7-27  fee in an amount determined by the governing body.

7-28    3.  The commission, its designated representative, the clerk or other

7-29  designated representative of the governing body or, when authorized by the

7-30  governing body, the subdivider or any other appropriate agency shall

7-31  distribute copies of the map and any accompanying data to all state and

7-32  local agencies charged with reviewing the proposed subdivision.

7-33    4.  If there is no planning commission, the clerk of the governing body

7-34  shall submit the tentative map to the governing body at its next regular

7-35  meeting.

7-36    5.  Except as otherwise provided by subsection 6, if there is a planning

7-37  commission, it shall:

7-38    (a) In a county whose population is [40,000] 400,000 or more, within 45

7-39  days; or

7-40    (b) In a county whose population is less than [40,000,] 400,000, within

7-41  60 days,

7-42  after accepting as a complete application a tentative map, recommend

7-43  approval, conditional approval or disapproval of the map in a written report

7-44  filed with the governing body.

7-45    6.  If the governing body has authorized the planning commission to

7-46  take final action on a tentative map, the planning commission shall:

7-47    (a) In a county whose population is [40,000] 400,000 or more, within 45

7-48  days; or

8-1    (b) In a county whose population is less than [40,000,] 400,000, within

8-2  60 days,

8-3  after accepting as a complete application a tentative map, approve,

8-4  conditionally approve or disapprove the tentative map in the manner

8-5  provided for in NRS 278.349. [It] The planning commission shall file its

8-6  written decision with the governing body.

8-7    Sec. 11.  NRS 278.349 is hereby amended to read as follows:

8-8    278.349  1.  Except as otherwise provided in subsection 2, the

8-9  governing body, if it has not authorized the planning commission to take

8-10  final action, shall, by a majority vote of the members present, approve,

8-11  conditionally approve[,] or disapprove a tentative map filed pursuant to

8-12  NRS 278.330:

8-13    (a) In a county whose population is [40,000] 400,000 or more, within 45

8-14  days; or

8-15    (b) In a county whose population is less than [40,000,] 400,000, within

8-16  60 days,

8-17  after receipt of the planning commission’s recommendations.

8-18    2.  If there is no planning commission, the governing body shall

8-19  approve, conditionally approve or disapprove a tentative map:

8-20    (a) In a county whose population is [40,000] 400,000 or more, within 45

8-21  days; or

8-22    (b) In a county whose population is less than [40,000,] 400,000, within

8-23  60 days,

8-24  after the map is filed with the clerk of the governing body.

8-25    3.  The governing body, or planning commission if it is authorized to

8-26  take final action on a tentative map, shall consider:

8-27    (a) Environmental and health laws and regulations concerning water

8-28  and air pollution, the disposal of solid waste, facilities to supply water,

8-29  community or public sewage disposal and, where applicable, individual

8-30  systems for sewage disposal;

8-31    (b) The availability of water which meets applicable health standards

8-32  and is sufficient in quantity for the reasonably foreseeable needs of the

8-33  subdivision;

8-34    (c) The availability and accessibility of utilities;

8-35    (d) The availability and accessibility of public services such as schools,

8-36  police protection, transportation, recreation and parks;

8-37    (e) Conformity with the zoning ordinances and master plan, except that

8-38  if any existing zoning ordinance is inconsistent with the master plan, the

8-39  zoning ordinance takes precedence;

8-40    (f) General conformity with the governing body’s master plan of streets

8-41  and highways;

8-42    (g) The effect of the proposed subdivision on existing public streets and

8-43  the need for new streets or highways to serve the subdivision;

8-44    (h) Physical characteristics of the land such as flood plain, slope and

8-45  soil;

8-46    (i) The recommendations and comments of those entities reviewing the

8-47  tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

9-1    (j) The availability and accessibility of fire protection, including, but not

9-2  limited to, the availability and accessibility of water and services for the

9-3  prevention and containment of fires, including fires in wild lands.

9-4    4.  The governing body or planning commission shall, by a majority

9-5  vote of the members present, make a final disposition of the tentative map.

9-6  Any disapproval or conditional approval must include a statement of the

9-7  reason for that action.

9-8    Sec. 12.  NRS 278.360 is hereby amended to read as follows:

9-9    278.360  1.  Unless a longer time is provided in an agreement entered

9-10  into pursuant to NRS 278.0201:

9-11    (a) Unless the time is extended, the subdivider shall present to the

9-12  governing body, or[,] the planning commission or the director of planning

9-13  or other authorized person or agency if authorized to take final action by

9-14  the governing body, within 2 years after the approval of a tentative map:

9-15      (1) A final map, prepared in accordance with the tentative map, for

9-16  the entire area for which a tentative map has been approved; or

9-17      (2) The first of a series of final maps covering a portion of the

9-18  approved tentative map. [The subdivider shall] If the subdivider elects to

9-19  present a successive map in a series of final maps, each covering a portion

9-20  of the approved tentative map, [within successive 1-year periods after the

9-21  date of approval of the latest final map in the series.] the subdivider shall

9-22  present to the governing body, or the planning commission or the

9-23  director of planning or other authorized person or agency if authorized

9-24  to take final action by the governing body, on or before the anniversary

9-25  of the date on which the subdivider presented to that entity for

9-26  recordation the first in the series of final maps:

9-27          (I) A final map, prepared in accordance with the tentative map,

9-28  for the entire area for which the tentative map has been approved; or

9-29          (II) The next final map in the series of final maps covering a

9-30  portion of the approved tentative map.

9-31    (b) If the subdivider fails to [record a final map for any portion of the

9-32  tentative map within 2 years after the date of approval of the tentative map,

9-33  or within 1 year after the date of approval of the most recently recorded

9-34  final map,] comply with the provisions of paragraph (a), all proceedings

9-35  concerning the subdivision are terminated.

9-36    (c) The governing body or planning commission may grant an extension

9-37  of not more than 1 year for the presentation of any final map after the 1-

9-38  year period for presenting a successive final map has expired.

9-39    2.  If the subdivider is presenting in a timely manner a series of final

9-40  maps, each covering a portion of the approved tentative map, no

9-41  requirements other than those imposed on each of the final maps in the

9-42  series may be placed on the map when an extension of time is granted

9-43  unless the requirement is directly attributable to a change in applicable

9-44  laws which affect the public health, safety or welfare.

9-45    Sec. 13.  NRS 278.380 is hereby amended to read as follows:

9-46    278.380  1.  After receipt of the final map:

9-47    (a) The governing body or planning commission, at its next meeting; or

9-48    (b) If authorized by the governing body, the director of planning or

9-49  other authorized person or agency, within 10 days after the map is accepted

10-1  as a complete application by the governing body, planning commission, the

10-2  director of planning or other authorized person or agency,

10-3  shall approve the map if it conforms to all the requirements of NRS

10-4  278.010 to 278.630, inclusive, and section 1 of this act, and of any local

10-5  ordinance applicable at the time of approval of the final map, or any rulings

10-6  made thereunder.

10-7    2.  The governing body, planning commission or director of planning

10-8  or other authorized person or agency shall at that time also accept or reject

10-9  all offers of dedication and may, as a condition precedent to the acceptance

10-10  of streets or easements, require that the subdivider improve or agree to

10-11  improve the streets or easements.

10-12  3.  If an agreement for a required improvement is entered into, the

10-13  governing body or planning commission may require that the agreement be

10-14  secured by a good and sufficient bond or other security in the amount

10-15  determined by the governing body, planning commission or director of

10-16  planning or other authorized person or agency.

10-17  4.  Any requirement imposed by the planning commission, director of

10-18  planning or other authorized person or agency pursuant to this section may

10-19  be appealed [to the governing body.] in accordance with the ordinance

10-20  adopted pursuant to section 1 of this act. If such an appeal is filed, the

10-21  limit on time to approve or disapprove a final map in subsection 1 is

10-22  extended until 10 days after [the] :

10-23  (a) The decision of the governing body on the appeal[.] ; or

10-24  (b) The decision of the district court, if the decision of the governing

10-25  body is appealed to the district court.

10-26  Sec. 14.  NRS 278.464 is hereby amended to read as follows:

10-27  278.464  1.  Except as otherwise provided in subsection 2, if there is a

10-28  planning commission, it shall:

10-29  (a) In a county whose population is [40,000] 400,000 or more, within 45

10-30  days; or

10-31  (b) In a county whose population is less than [40,000,] 400,000, within

10-32  60 days,

10-33  after accepting as a complete application a parcel map, recommend

10-34  approval, conditional approval or disapproval of the map in a written

10-35  report. The planning commission shall submit the parcel map and the

10-36  written report to the governing body.

10-37  2.  If the governing body has authorized the planning commission to

10-38  take final action on a parcel map, the planning commission shall:

10-39  (a) In a county whose population is [40,000] 400,000 or more, within 45

10-40  days; or

10-41  (b) In a county whose population is less than [40,000,] 400,000, within

10-42  60 days,

10-43  after accepting as a complete application the parcel map, approve,

10-44  conditionally approve or disapprove the map. [It] The planning

10-45  commission shall file its written decision with the governing body. Unless

10-46  the time is extended by mutual agreement, if the planning commission is

10-47  authorized to take final action and it fails to take action within the period

10-48  specified in this subsection, the parcel map shall be deemed approved.

11-1    3.  If there is no planning commission or if the governing body has not

11-2  authorized the planning commission to take final action, the governing

11-3  body or, by authorization of the governing body, the director of planning or

11-4  other authorized person or agency shall:

11-5    (a) In a county whose population is [40,000] 400,000 or more, within 45

11-6  days; or

11-7    (b) In a county whose population is less than [40,000,] 400,000, within

11-8  60 days,

11-9  after acceptance of the parcel map as a complete application by the

11-10  governing body pursuant to subsection 1 or pursuant to subsection 2 of

11-11  NRS 278.461, review and approve, conditionally approve or disapprove the

11-12  parcel map. Unless the time is extended by mutual agreement, if the

11-13  governing body, the director of planning or other authorized person or

11-14  agency fails to take action within the period specified in this subsection,

11-15  the parcel map shall be deemed approved.

11-16  4.  Except as otherwise provided in NRS 278.463, if unusual

11-17  circumstances exist, a governing body or, if authorized by the governing

11-18  body, the planning commission may waive the requirement for a parcel

11-19  map. Before waiving the requirement for a parcel map, a determination

11-20  must be made by the county surveyor, city surveyor or professional land

11-21  surveyor appointed by the governing body that a survey is not required.

11-22  Unless the time is extended by mutual agreement, a request for a waiver

11-23  must be acted upon:

11-24  (a) In a county whose population is [40,000] 400,000 or more, within 45

11-25  days; or

11-26  (b) In a county whose population is less than [40,000,] 400,000, within

11-27  60 days,

11-28  after the date of the request for the waiver[,] or, in the absence of action,

11-29  the waiver shall be deemed approved.

11-30  5.  A governing body may consider or may, by ordinance, authorize the

11-31  consideration of the criteria set forth in subsection 3 of NRS 278.349 in

11-32  determining whether to approve, conditionally approve or disapprove a

11-33  second or subsequent parcel map for land that has been divided by a parcel

11-34  map which was recorded within the 5 years immediately preceding the

11-35  acceptance of the second or subsequent parcel map as a complete

11-36  application.

11-37  6.  An applicant or other person aggrieved by a decision of the

11-38  governing body’s authorized representative or by a final act of the planning

11-39  commission may appeal [to the governing body within a reasonable period

11-40  to be determined, by ordinance, by the governing body. The governing

11-41  body shall render its decision:

11-42  (a) In a county whose population is 40,000 or more, within 45 days; or

11-43  (b) In a county whose population is less than 40,000, within 60 days,

11-44  after the date the appeal is filed.] the decision in accordance with the

11-45  ordinance adopted pursuant to section 1 of this act.

11-46  7.  If a parcel map and the associated division of land are approved or

11-47  deemed approved pursuant to this section, the approval must be noted on

11-48  the map in the form of a certificate attached thereto and executed by the

11-49  clerk of the governing body, the governing body’s designated

12-1  representative or the chairman of the planning commission. A certificate

12-2  attached to a parcel map pursuant to this subsection must indicate, if

12-3  applicable, that the governing body or planning commission determined

12-4  that a public street, easement or utility easement which will not remain in

12-5  effect after a merger and resubdivision of parcels conducted pursuant to

12-6  NRS 278.4925[,] has been vacated or abandoned in accordance with NRS

12-7  278.480.

12-8    Sec. 15.  NRS 278.4725 is hereby amended to read as follows:

12-9    278.4725  1.  Except as otherwise provided in this section, if the

12-10  governing body has authorized the planning commission to take final

12-11  action on a final map, the planning commission shall approve,

12-12  conditionally approve or disapprove the final map, basing its action upon

12-13  the requirements of NRS 278.472:

12-14  (a) In a county whose population is [40,000] 400,000 or more, within 45

12-15  days; or

12-16  (b) In a county whose population is less than [40,000,] 400,000, within

12-17  60 days,

12-18  after accepting the final map as a complete application. The planning

12-19  commission shall file its written decision with the governing body. Except

12-20  as otherwise provided in subsection 5, or unless the time is extended by

12-21  mutual agreement, if the planning commission is authorized to take final

12-22  action and it fails to take action within the period specified in this

12-23  subsection, the final map shall be deemed approved unconditionally.

12-24  2.  If there is no planning commission or if the governing body has not

12-25  authorized the planning commission to take final action, the governing

12-26  body or its authorized representative shall approve, conditionally approve

12-27  or disapprove the final map, basing its action upon the requirements of

12-28  NRS 278.472:

12-29  (a) In a county whose population is [40,000] 400,000 or more, within 45

12-30  days; or

12-31  (b) In a county whose population is less than [40,000,] 400,000, within

12-32  60 days,

12-33  after the final map is accepted as a complete application. Except as

12-34  otherwise provided in subsection 5 or unless the time is extended by

12-35  mutual agreement, if the governing body or its authorized representative

12-36  fails to take action within the period specified in this subsection, the final

12-37  map shall be deemed approved unconditionally.

12-38  3.  An applicant or other person aggrieved by a decision of the

12-39  authorized representative of the governing body or by a final act of the

12-40  planning commission may appeal [to the governing body within a

12-41  reasonable period to be determined, by ordinance, by the governing body.

12-42  The governing body shall render its decision:

12-43  (a) In a county whose population is 40,000 or more, within 45 days; or

12-44  (b) In a county whose population is less than 40,000, within 60 days,

12-45  after the date on which the appeal is filed.] the decision in accordance

12-46  with the ordinance adopted pursuant to section 1 of this act.

12-47  4.  If the map is disapproved, the governing body or its authorized

12-48  representative or the planning commission shall return the map to the

13-1  person who proposes to divide the land, with the reason for its action and a

13-2  statement of the changes necessary to render the map acceptable.

13-3    5.  If the final map divides the land into 16 lots or more, the governing

13-4  body or its authorized representative or the planning commission shall not

13-5  approve a map, and a map shall not be deemed approved, unless:

13-6    (a) Each lot contains an access road that is suitable for use by

13-7  emergency vehicles; and

13-8    (b) The corners of each lot are set by a professional land surveyor.

13-9    6.  If the final map divides the land into 15 lots or less, the governing

13-10  body or its authorized representative or the planning commission may, if

13-11  reasonably necessary, require the map to comply with the provisions of

13-12  subsection 5.

13-13  7.  Upon approval, the map must be filed with the county recorder.

13-14  Filing with the county recorder operates as a continuing:

13-15  (a) Offer to dedicate for public roads the areas shown as proposed roads

13-16  or easements of access, which the governing body may accept in whole or

13-17  in part at any time or from time to time.

13-18  (b) Offer to grant the easements shown for public utilities, which any

13-19  public utility may similarly accept without excluding any other public

13-20  utility whose presence is physically compatible.

13-21  8.  The map filed with the county recorder must include:

13-22  (a) A certificate signed and acknowledged by each owner of land to be

13-23  divided consenting to the preparation of the map, the dedication of the

13-24  roads and the granting of the easements.

13-25  (b) A certificate signed by the clerk of the governing body or authorized

13-26  representative of the governing body or the secretary to the planning

13-27  commission that the map was approved, or the affidavit of the person

13-28  presenting the map for filing that the time limited by subsection 1 or 2 for

13-29  action by the governing body or its authorized representative or the

13-30  planning commission has expired and that the requirements of subsection 5

13-31  have been met. A certificate signed pursuant to this paragraph must also

13-32  indicate, if applicable, that the governing body or planning commission

13-33  determined that a public street, easement or utility easement which will not

13-34  remain in effect after a merger and resubdivision of parcels conducted

13-35  pursuant to NRS 278.4925, has been vacated or abandoned in accordance

13-36  with NRS 278.480.

13-37  (c) A written statement signed by the treasurer of the county in which

13-38  the land to be divided is located indicating that all property taxes on the

13-39  land for the fiscal year have been paid.

13-40  9.  A governing body may by local ordinance require a final map to

13-41  include:

13-42  (a) A report from a title company which lists the names of:

13-43     (1) Each owner of record of the land to be divided; and

13-44     (2) Each holder of record of a security interest in the land to be

13-45  divided, if the security interest was created by a mortgage or a deed of

13-46  trust.

13-47  (b) The signature of each owner of record of the land to be divided.

14-1    (c) The written consent of each holder of record of a security interest

14-2  listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

14-3  recordation of the final map. A holder of record may consent by signing:

14-4      (1) The final map; or

14-5      (2) A separate document that is filed with the final map and declares

14-6  his consent to the division of land.

14-7    10.  After a map has been filed with the county recorder, any lot shown

14-8  thereon may be conveyed by reference to the map, without further

14-9  description.

14-10  11.  The county recorder shall charge and collect for recording the map

14-11  a fee of not more than $35 per page set by the board of county

14-12  commissioners.

14-13  Sec. 16.  NRS 278.480 is hereby amended to read as follows:

14-14  278.480  1.  Except as otherwise provided in subsection 10, any

14-15  abutting owner or local government desiring the vacation or abandonment

14-16  of any street or easement owned by a city or a county, or any portion

14-17  thereof, shall file a petition in writing with the planning commission or the

14-18  governing body having jurisdiction.

14-19  2.  The governing body may establish by ordinance a procedure by

14-20  which, after compliance with the requirements for notification of public

14-21  hearing set forth in this section, a vacation or abandonment of a street or an

14-22  easement may be approved in conjunction with the approval of a tentative

14-23  map pursuant to NRS 278.349.

14-24  3.  Whenever any street or easement owned by a city or a county is

14-25  proposed to be vacated, the governing body, or the planning commission or

14-26  hearing examiner if authorized to take final action by the governing body,

14-27  shall notify by certified mail each owner of property abutting the proposed

14-28  abandonment and cause a notice to be published at least once in a

14-29  newspaper of general circulation in the city or county, setting forth the

14-30  extent of the proposed abandonment and setting a date for public hearing,

14-31  which must be not less than 10 days and not more than 40 days after the

14-32  date the notice is first published.

14-33  4.  Except as provided in subsection 5, if, upon public hearing, the

14-34  governing body, or the planning commission or hearing examiner if

14-35  authorized to take final action by the governing body, is satisfied that the

14-36  public will not be materially injured by the proposed vacation, it shall order

14-37  the street or easement vacated. The governing body, or the planning

14-38  commission or hearing examiner if authorized to take final action by the

14-39  governing body, may make the order conditional, and the order becomes

14-40  effective only upon the fulfillment of the conditions prescribed. An

14-41  applicant or other person aggrieved by the decision of the planning

14-42  commission or hearing examiner may appeal [to the governing body within

14-43  a reasonable period to be determined, by ordinance, by the governing

14-44  body.] the decision in accordance with the ordinance adopted pursuant to

14-45  section 1 of this act.

14-46  5.  If a utility has an easement over the property, the governing body, or

14-47  the planning commission or hearing examiner if authorized to take final

14-48  action by the governing body, shall provide in its order for the continuation

14-49  of that easement.

15-1    6.  The order must be recorded in the office of the county recorder, if

15-2  all the conditions of the order have been fulfilled, and upon the recordation

15-3  title to the street or easement reverts to the abutting property owners in the

15-4  approximate proportion that the property was dedicated by the abutting

15-5  property owners or their predecessors in interest. In the event of a partial

15-6  vacation of a street where the vacated portion is separated from the

15-7  property from which it was acquired by the unvacated portion of it, the

15-8  governing body may sell the vacated portion upon such terms and

15-9  conditions as it deems desirable and in the best interests of the city or

15-10  county. If the governing body sells the vacated portion, it shall afford the

15-11  right of first refusal to each abutting property owner as to that part of the

15-12  vacated portion which abuts his property, but no action may be taken by

15-13  the governing body to force the owner to purchase that portion and that

15-14  portion may not be sold to any person other than the owner if the sale

15-15  would result in a complete loss of access to a street from the abutting

15-16  property.

15-17  7.  If the street was acquired by dedication from the abutting property

15-18  owners or their predecessors in interest, no payment is required for title to

15-19  the proportionate part of the street reverted to each abutting property

15-20  owner. If the street was not acquired by dedication, the governing body

15-21  may make its order conditional upon payment by the abutting property

15-22  owners for their proportionate part of the street of such consideration as the

15-23  governing body determines to be reasonable. If the governing body

15-24  determines that the vacation has a public benefit, it may apply the benefit

15-25  as an offset against a determination of reasonable consideration which did

15-26  not take into account the public benefit.

15-27  8.  If an easement for light and air owned by a city or a county is

15-28  adjacent to a street vacated pursuant to the provisions of this section, the

15-29  easement is vacated upon the vacation of the street.

15-30  9.  In any vacation or abandonment of any street owned by a city or a

15-31  county, or any portion thereof, the governing body, or the planning

15-32  commission or hearing examiner if authorized to take final action by the

15-33  governing body, may reserve and except therefrom all easements, rights or

15-34  interests therein which the governing body, or the planning commission or

15-35  hearing examiner if authorized to take final action by the governing body,

15-36  deems desirable for the use of the city, the county or any public utility.

15-37  10.  The governing body may establish by local ordinance a simplified

15-38  procedure for the vacation or abandonment of an easement for a public

15-39  utility owned or controlled by the governing body.

15-40  Sec. 17.  NRS 278.317 is hereby repealed.

15-41  Sec. 18.  This act becomes effective on July 1, 2001.

 

15-42  TEXT OF REPEALED SECTION

 

15-43  NRS 278.317  Review by governing body.

15-44  1.  The governing body may reserve to itself the power to review

15-45   decisions of the board of adjustment or planning commission, or both,

15-46   with

16-1  respect to variances, special use permits or other special exceptions, and to

16-2  affirm, modify or reverse any such decision.

16-3    2.  In reviewing those decisions, the governing body must be guided by

16-4   the statement of purpose underlying the regulation of land improvement

16-5   expressed in NRS 278.020.

 

16-6  H