Senate Bill No. 322

Senate Bill No. 322-Committee on Government Affairs

(On Behalf of Washoe County)

April 22, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Makes various changes regarding development and subdivision of land. (BDR 22-671)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to land use; revising the procedures governing the review of an application for the granting of a variance, special use permit or special exception in certain circumstances; revising the period during which certain decisions on a parcel map may be appealed; allowing a local government to authorize its representative or the planning commission to make certain determinations regarding the division of land into large parcels; providing for an appeal of such determinations; and providing other matters properly relating thereto.

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

Section 1 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] a 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] a 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] a 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] an ordinance, resolution or regulation in effect at the time of that denial or approval.
4. The provisions of NRS 278.315, 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. 2 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 or other special exceptions by the board of adjustment or the planning commission. The governing body may impose this duty entirely on the board of adjustment or the planning commission, respectively, or provide for the granting of enumerated categories of variances, special use permits or special exceptions by the board or commission.
2. A hearing to consider an application for the granting of a variance, special use permit or special exception must be held before the board or commission 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] pursuant to 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 of adjustment or planning commission 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 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] pursuant to 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] a sign required by subsection 5 within 5 days after the hearing for which the sign was erected. There must be no additional charge to the applicant for such removal.
Sec. 3 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 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 on a parcel map, the planning commission shall, within 45 days after receiving 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 and it fails to take action within the 45 days after receiving the parcel map, 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, 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 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, 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 or in the absence of action the waiver shall be deemed approved.
5. An applicant 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.] 7 days after the decision or final act. The governing body shall render its decision within 45 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. 4 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] pursuant to NRS 278.471 to 278.4725, inclusive, must first 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 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. 5 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 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. 6 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, 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. 7 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 act finally 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.] The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, unless the time is extended by mutual agreement, if the planning commission is authorized to act finally and it fails to take action within 45 days after receiving the final map, 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 act finally, 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, within 45 days after the final map is filed. Except as otherwise provided in subsection 5, unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within 45 days after receiving the final map, the final map shall be deemed approved unconditionally.
3. An applicant 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 7 days after the decision or final act. The governing body shall render its decision within 45 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] a 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] a 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.