Assembly Bill No. 330

Assembly Bill No. 330-Committee on Government Affairs

CHAPTER

512

AN ACT relating to local governments and the division of land; revising various provisions relating to maps of subdivisions of land; authorizing professional land surveyors to request the correction or amendment of certain maps; revising the procedures governing the review of an application for the granting of a variance, special use permit or special exception in certain circumstances; allowing a local government to authorize a planning commission or certain persons to make decisions relating to certain matters of planning and zoning; providing a procedure for an appeal of such decisions; revising the provisions governing the acquisition, vacation or abandonment of certain real property by a local government; requiring that certain signs remain erected until the final disposition of certain applications; expanding the duties of a hearing examiner; revising the requirements relating to final maps and maps of reversion; revising the period during which certain decisions regarding a parcel map may be appealed; authorizing approval of the vacation or abandonment of a street or easement in conjunction with approval of a tentative map; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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

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Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body may adopt an ordinance that authorizes the director of planning or another person or agency to grant minor deviations from requirements for land use established within a zoning district without conducting a hearing. The ordinance must require an applicant for a minor deviation to obtain the written consent of the owner of any real property that would be affected by the minor deviation.
2. If the director of planning or other authorized person or agency grants a deviation in accordance with its authority delegated pursuant to subsection 1, the director of planning or other authorized person or agency shall ensure that the deviation will not impair the purpose of the zoning district or any regulations adopted by the governing body pursuant to NRS 278.250.
3. An ordinance adopted pursuant to this section must provide an opportunity for an applicant or other aggrieved person to appeal the decision of the director of planning or other authorized person or agency to the governing body.
Sec. 2. NRS 278.0145 is hereby amended to read as follows:
278.0145"Final map" means a map prepared in accordance with the provisions of NRS [278.010 to 278.630, inclusive, and] 278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725 or 278.4955 and any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
Sec. 3. NRS 278.017 is hereby amended to read as follows:
278.017 "Parcel map" means a map as provided in NRS 278.461, 278.462, 278.463, 278.464 [, 278.466 and 278.467.] or 278.466.
Sec. 4. NRS 278.0201 is hereby amended to read as follows:
278.0201 1. In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.
2. Unless the agreement otherwise provides, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
3. This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
4. The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.
Sec. 5. NRS 278.240 is hereby amended to read as follows:
278.240 [1.] Whenever the governing body of [any] a city, county or region [shall have] has adopted a master plan, or one or more subject matters thereof, for the city, county or region, or for [any] a major section or district thereof, no street, square, park, or other public way, ground, or open space [shall] may be acquired by dedication or otherwise, except by bequest, and no street or public way [shall] may be closed or abandoned, and no public building or structure [shall] may be constructed or authorized in the area for which the master plan or one or more subject matters thereof [shall have] has been adopted by the governing body [until the location, character and extent thereof shall have been submitted to and shall have been approved by the planning commission.
2. In case of disapproval thereof by the planning commission, the planning commission shall communicate its reasons to the governing body which may overrule the disapproval by a majority vote of its entire membership.
3. If the authorization, acquisition, financing or acceptance of such street, square, park, or other public way, ground, or open space, or the construction or authorization of such public building or structure be vested by law or charter provisions in some governmental body, commission or board other than the governing body of such city, county or region, then such governmental body, commission or board having jurisdiction shall first submit to the planning commission the location, character and extent of the proposed public improvement for its approval. In the event that the planning commission shall disapprove the same, its disapproval may only be overruled by such other governmental body, board or commission by a vote of not less than two-thirds of its entire membership.
4. Failure of the commission to act upon such submission within 40 days from and after the date of the official submission to the commission by the governing body or by such other governmental body, board or commission shall be deemed approval by the planning commission.] unless the dedication, closure, abandonment, construction or authorization is approved in a manner consistent with the requirements of the governing body, board or commission having jurisdiction over such a matter.
Sec. 6. NRS 278.260 is hereby amended to read as follows:
278.260 1. The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established [and enforced, and from time to time] , enforced and amended.
2. A zoning regulation, restriction or boundary must not become effective until after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:
(a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and
(b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,
at least 10 days before the hearing.
3. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor's records, of real property located within 300 feet of the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor's records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
4. If the proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner, as listed on the county assessor's records, of real property located within 500 feet from the portion of the boundary being changed;
(c) Each owner, as listed on the county assessor's records, of at least 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change.
5. The exterior of the notice mailed pursuant to subsection 4 must bear a statement printed in at least 10-point bold type in substantially the following form:

OFFICIAL NOTICE OF PUBLIC HEARING

6. In addition to mailing the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, no later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for [10] 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing zoning designation of the property in question;
(b) The proposed zoning designation of the property in question;
(c) The date, time and place of the public hearing;
(d) A telephone number which may be used by interested persons to obtain additional information; and
(e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.
7. A sign required pursuant to subsection 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
8. A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
9. The governing body shall remove or cause to be removed any sign required by subsection 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 7. NRS 278.265 is hereby amended to read as follows:
278.265 1. Any ordinance enacted pursuant to the provisions of NRS 278.264 must provide, in substance, the same notice of hearing and conduct of hearing safeguards required by [chapter 233B of NRS for contested cases.] NRS 278.315 or 278.480, whichever is applicable.
2. The governing body shall , by ordinance , set forth the duties and powers of the hearing examiner, including a statement of whether the hearing examiner may take final action on any matter assigned to him by the governing body.
3. The governing body may [only] authorize the hearing examiner to take final action on matters relating to [variances.
3.] a variance, vacation, abandonment, special use permit, conditional use permit and other special exception or application specified in the ordinance.
4. The governing body shall not authorize the hearing examiner to take final action on matters relating to a zoning classification, zoning district or an amendment to a zoning boundary.
5. An ordinance adopted pursuant to NRS 278.264 must set forth the manner in which an applicant or protestant may appeal any final action taken by the hearing examiner to the governing body.
Sec. 8. NRS 278.315 is hereby amended to read as follows:
278.315 1. The governing body may provide by ordinance for the granting of variances, special use permits , conditional use permits or other special exceptions by the board of adjustment , [or] the planning commission [.] or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board [of adjustment or the planning commission,] , commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits , conditional use permits or special exceptions by the board [or commission.] , commission or examiner.
2. A hearing to consider an application for the granting of a variance, special use permit , conditional use permit or special exception must be held before the board [or] of adjustment, planning commission or hearing examiner within 65 days after the filing of the application [.] , unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:
(a) The applicant;
(b) Each owner of real property located within 300 feet of the property in question;
(c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and
(d) Any advisory board which has been established for the affected area by the governing body.
The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
3. If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent by mail at least 10 days before the hearing to each owner, as listed on the county assessor's records, of at least 30 parcels nearest to the property in question. The notice must be written in language which is easy to understand. It must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.
4. An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board [or] of adjustment, planning commission or hearing examiner to the governing body.
5. In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to mailing the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for [10] 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:
(a) The existing permitted use and zoning designation of the property in question;
(b) The proposed permitted use of the property in question;
(c) The date, time and place of the public hearing; and
(d) A telephone number which may be used by interested persons to obtain additional information.
6. A sign required pursuant to subsection 5 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.
7. A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 5, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.
8. The governing body shall remove or cause to be removed any sign required by subsection 5 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 9. NRS 278.328 is hereby amended to read as follows:
278.328The governing body may, by ordinance, authorize the planning commission to [act finally] take final action on a tentative map and a final map. Any person aggrieved by the commission's action may [, within 7 days after the issuance of the decision,] appeal the commission's decision to the governing body [.] within a reasonable period to be determined, by ordinance, by the governing body.
Sec. 10. NRS 278.330 is hereby amended to read as follows:
278.3301. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of such map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when [permitted] authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
5. Except as otherwise provided by subsection 6, if there is a planning commission, it shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to [act finally] take final action on a tentative map, the planning commission shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.
Sec. 11. NRS 278.349 is hereby amended to read as follows:
278.3491. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to [act finally,] take final action, shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed pursuant to NRS 278.330 [within 30 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after receipt of the planning commission's recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map [within 45 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to [act finally] take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing body's master plan of streets and highways;
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as flood plain, slope and soil;
(i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.
4. The governing body or planning commission shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 12. NRS 278.350 is hereby amended to read as follows:
278.350Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
1. The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.
2. If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body, or the planning commission if it has been authorized to [act finally,] take final action, shall certify the map as approved.
3. The time limits set forth in NRS 278.010 to 278.630, inclusive, for tentative and final maps are suspended for a period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the processing of a tentative map or the development, processing or recordation of a final map.
Sec. 13. NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
(a) Unless the time is extended, the subdivider shall present to the governing body [,] or , the planning commission [if it has been authorized to act finally, a] or the director of planning or other authorized person or agency if authorized to take final action by the governing body, within 2 years after the approval of a tentative map:
(1) A final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved [, or one of] ; or
(2) The first of a series of final maps covering a portion of the approved tentative map. The subdivider shall present a successive map in a series of final maps, each covering a portion of the approved tentative map, [within 1 year or] within successive 1-year periods after the date of approval of the [tentative map.] latest final map in the series.
(b) If the subdivider fails to record a final map for any portion of the tentative map within [1 year] 2 years after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
(c) The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting [the entire final map or next] a successive final map has expired.
2. If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.
Sec. 14. NRS 278.380 is hereby amended to read as follows:
278.380 1. [Upon] After receipt of the final map [, the] :
(a) The governing body or planning commission , [shall,] at its next [meeting, or within a period of not more than] meeting; or
(b) If authorized by the governing body, the director of planning or other authorized person or agency, within 10 days after the map is [filed with] accepted as a complete application by the governing body , [or] planning commission, the director of planning or other authorized person or agency,
shall approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and section 1 of this act and of any local ordinance applicable at the time of approval of the final map, or any rulings made thereunder.
2. The governing body , [or] planning commission or director of planning or other authorized person or agency shall at that time also accept or reject [any or] all offers of dedication and may, as a condition precedent to the acceptance of [any] streets or easements, require that the subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the governing body or planning commission may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body , [or] planning commission [.] or director of planning or other authorized person or agency.
4. Any requirement imposed by the planning commission, director of planning or other authorized person or agency pursuant to this section may be appealed to the governing body. If such an appeal is filed, the limit on time to approve or disapprove a final map in subsection 1 is extended until 10 days after the decision of the governing body on the appeal.
Sec. 15. NRS 278.385 is hereby amended to read as follows:
278.385 The governing body , [or] planning commission or director of planning or other authorized person or agency shall not approve any final map for a subdivision served by a public water system which it receives after May 15, 1977, unless the subdivider has submitted plans which provide for the installation of water meters or other devices which will measure water delivered to each water user in the subdivision.
Sec. 16. NRS 278.390 is hereby amended to read as follows:
278.390 Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use. Such an acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision [plot,] plat, if the county recorder does not maintain a cumulative index for such [plots] plats and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the acceptance or amendment.
Sec. 17. NRS 278.464 is hereby amended to read as follows:
278.464 1. Except as otherwise provided in subsection 2, if there is a planning commission , it shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.
2. If the governing body has authorized the planning commission to [act finally] take final action on a parcel map, the planning commission shall [, within 45 days after receiving] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to [act finally] take final action and it fails to take action within the [45 days after receiving the parcel map,] period specified in this subsection, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has not authorized the planning commission to [act finally,] take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall [, within 45 days after the parcel map is submitted to] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the [45 days after the parcel map is submitted to the governing body,] period specified in this subsection, the parcel map shall be deemed approved.
4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon [within 45 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the date of the request for the waiver, or , in the absence of action , the waiver shall be deemed approved.
5. An applicant or other person aggrieved by a decision of the governing body's authorized representative or by a final act of the planning commission may appeal to the governing body within [30 days.] a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision [within 45 days] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the date the appeal is filed.
6. If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body's designated representative or the chairman of the planning commission.
Sec. 18. NRS 278.468 is hereby amended to read as follows:
278.468 1. If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:
(a) [Record] Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map met all conditions required for approval. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
(b) Pay a $17 fee to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
Sec. 19. NRS 278.4713 is hereby amended to read as follows:
278.4713 1. Unless the filing of a tentative map is waived, [any] a person who proposes to make a division of land [shall first file] pursuant to NRS 278.471 to 278.4725, inclusive, must first:
(a) File a tentative map for the area in which the land is located with the planning commission [for the area in which the land is located,] , or its designated representative or with the clerk of the governing body if there is no planning commission ; [,] and
(b) Pay a filing fee of no more than $250 set by the governing body.
2. This map must be:
(a) Entitled "Tentative Map of Division into Large Parcels"; and
(b) Prepared and certified by a professional land surveyor.
3. This map must show:
(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.
(b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.
(c) Any easements for public utilities which exist or which are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
(e) An indication of any existing road or easement which the owner does not intend to dedicate.
(f) The name and address of the owner of the land.
Sec. 20. NRS 278.4715 is hereby amended to read as follows:
278.4715 1. The planning commission or, if there is no planning commission, the governing body or its authorized representative may waive the requirement of filing the tentative map.
2. If the tentative map is filed with the planning commission or with the governing body [,] or its authorized representative, the planning commission or the governing body or its authorized representative may within 60 days after the filing of the tentative map designate the location and width of any easements for roads and public utilities as shown on the master plan if there is one applicable to the area to be divided, or designate the location and width of any easements for roads and public utilities which may be reasonably necessary to serve the area to be divided if there is no master plan.
3. The planning commission or the governing body [has no right to designate any easements] or its authorized representative shall not designate an easement after the expiration of 60 days from the filing of the tentative map.
Sec. 21. NRS 278.472 is hereby amended to read as follows:
278.472 1. After the planning commission or the governing body or its authorized representative has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or [,] its authorized representative or, if authorized by [local ordinance,] the governing body, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
2. This map must be:
(a) Entitled "Map of Division into Large Parcels."
(b) Filed with the governing body or its authorized representative or, if authorized by the governing body, with the planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or the governing body or its authorized representative or that the requirement of its filing was waived.
(c) Prepared by a professional land surveyor.
(d) Based upon an actual survey by the preparer and show the date of the survey and contain the certificate of the surveyor required pursuant to NRS 278.375.
(e) Clearly and legibly drawn in permanent black ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink.
(f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
(g) Of scale large enough to show clearly all details.
3. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
4. This map must show and define:
(a) All subdivision lots by the number and actual acreage of each lot.
(b) Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body [.] or its authorized representative.
(c) Any easements for public utilities which exist or are proposed.
(d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.
Sec. 22. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, if the governing body [or] has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map , basing its action upon the requirements of NRS 278.472 [, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission.] :
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
2. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:
(a) In a county whose population is 40,000 or more, within 45 days; or
(b) In a county whose population is less than 40,000, within 60 days,
after the date on which the appeal is filed.
4. If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable. [Except as otherwise provided in subsection 2, if the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.
2.] 5. If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
[3.] 6. If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection [2.
4.] 5.
7. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
[5.] 8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection [2] 5 have been met.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
[6.] 9. A governing body may by local ordinance require a final map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his consent to the division of land.
[7.] 10. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
[8.] 11. The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.
Sec. 23. NRS 278.473 is hereby amended to read as follows:
278.473 1. To correct an error or omission in [,] or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment does not change or purport to change the physical location of any survey monument, property line or boundary line, a certificate of amendment must be requested and recorded pursuant to this section.
2. A certificate of amendment may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]
(c) The planning commission if authorized by local ordinance [.] ; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. If a certificate of amendment is requested to correct or amend a record of survey, the surveyor who:
(a) [Made the survey which is to be amended;] Requests the certificate of amendment; or
(b) Is responsible for [the] an error or omission which is to be corrected,
shall prepare and record the certificate of amendment within 90 days after he receives notification of the request made pursuant to subsection 2. If the surveyor is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the certificate.
4. The certificate of amendment must:
(a) Be in the form of a letter addressed to the county surveyor, the city surveyor, a professional land surveyor appointed by the governing body of the city or, if authorized by local ordinance, the planning commission;
(b) Specify the title, legal description and recording date of the document being corrected or amended;
(c) Concisely state the data being changed and the correction or amendment;
(d) Be dated, signed and sealed by the surveyor preparing the certificate; and
(e) Contain the following statement, dated and signed by the county surveyor, city surveyor or a professional land surveyor appointed by the governing body:

I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends or corrects the document as to make it technically correct.

5. Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 24. NRS 278.475 is hereby amended to read as follows:
278.475 1. To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment changes or purports to change the physical location of any survey monument, property line or boundary line, an amended plat, survey or map must be requested and recorded pursuant to this section.
2. An amended plat, survey or map [, which corrects an error or omission,] may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]
(c) The planning commission if authorized by local ordinance [.] ; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. Except as otherwise provided in this subsection, a surveyor who [performed] :
(a) Performed the survey [is] ; or
(b) Is responsible for [the] an error or omission which is to be corrected , [and]
shall prepare and record the amended plat, survey or map within 90 days after he receives notification of the request made pursuant to subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the city surveyor or a professional land surveyor appointed by the governing body of the city or the planning commission. If the surveyor who performed the survey or is responsible for the error or omission is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.
Sec. 25. NRS 278.477 is hereby amended to read as follows:
278.477 1. In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels [,] or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels [,] or record of survey, the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.
2. Any amended subdivision plat, parcel map , map of division into large parcels or record of survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words "Amended Plat of " prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorder's index information;
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder's information and stamp; and
(e) [Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f)] Contain a certificate of the professional land surveyor licensed pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance . [; and
(g) For a survey recorded in support of an adjusted boundary, contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is licensed as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and that it is technically correct.]
3. Any amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:
(a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:
(1) A bona fide effort was made to notify the necessary persons;
(2) All persons who responded to the notice have consented to the amendment; and
(3) The amendment does not adversely affect the persons who did not respond; and
(b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he has examined the document and that it is technically correct.
4. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 26 NRS 278.480 is hereby amended to read as follows:
278.480 1. Except as otherwise provided in subsection 10, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or [, if there is no planning commission, with] the governing body having jurisdiction.
2. [If there is a planning commission, it shall report on the petition to the governing body as set forth in NRS 278.240.] The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS 278.349.
3. Whenever any street or easement owned by a city or a county is proposed to be vacated, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which must be not less than 10 days and not more than 40 days after the date the notice is first published.
4. Except as provided in subsection 5, if, upon public hearing, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission or hearing examiner may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body.
5. If a utility has an easement over the property, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, shall provide in its order for the continuation of that easement.
6. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city [.] or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
7. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner. If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against [any] a determination of reasonable consideration which did not take into account the public benefit.
8. If an easement for light and air owned by a city or a county is adjacent to a street vacated [under] pursuant to the provisions of this section, the easement is vacated upon the vacation of the street.
9. In any vacation or abandonment of any street owned by a city or a county, or any portion thereof, the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, may reserve and except therefrom [any] all easements, rights or interests therein which the governing body , or the planning commission or hearing examiner if authorized to take final action by the governing body, deems desirable for the use of the city , the county or [of] any public utility.
10. The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.
Sec. 27. NRS 278.490 is hereby amended to read as follows:
278.490 1. Any owner or governing body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof , or to revert more than one map recorded under the same tentative map if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded map or maps to the governing body or, if authorized by local ordinance, to the planning commission or other authorized person. The application must describe the requested changes.
2. At its next meeting, or within a period of not more than [15] 30 days after the filing of the map of reversion, whichever occurs later, the governing body or, if authorized by local ordinance, the planning commission or other authorized person shall review the map and approve, conditionally approve or disapprove it.
3. Except for the provisions of this section, NRS 278.4955, 278.496 and 278.4965 and any provision or local ordinance relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.
4. Upon approval of the map of reversion, it must be recorded in the office of the county recorder. The county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
5. As used in this section, "contiguous" means either abutting directly on the boundary or separated by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation.
Sec. 28. NRS 278.4955 is hereby amended to read as follows:
278.4955 1. The map of reversion submitted pursuant to NRS 278.490 must contain [the report and] the appropriate certificates required by NRS 278.376 and 278.377 for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the state, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must be:
(a) Prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map or maps that [is] are being reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate information which is sufficient to identify clearly the recorded map or maps being reverted.
(b) Clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
Sec. 29. Sections 25 and 28 of this act become effective at 12:01 a.m. on October 1, 1997.
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