Senate Bill No. 354–Committee on Transportation

 

CHAPTER..........

 

AN ACT relating to property; requiring certain subdividers of land to dedicate easements to certain public utilities and franchised community antenna television companies; providing an exception; 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. Chapter 278 of NRS is hereby amended by adding

 thereto a new section to read as follows:

    A governing body or its authorized representative may relieve a

 person who proposes to divide land pursuant to NRS 278.360 to

 278.460, inclusive, or 278.471 to 278.4725, inclusive, from the

 requirement to dedicate easements to public utilities that provide

 gas, electric, telecommunications, water and sewer services and

 any franchised community antenna television companies

 pursuant to paragraph (d) or (e) of subsection 9 of NRS 278.372

 or paragraph (c) or (d) of subsection 4 of NRS 278.472 if the

 person demonstrates to the public body or its authorized

 representative that there is not an essential nexus to the public

 purpose for the dedication and the dedication is not roughly

 proportional in nature and extent to the impact of the proposed

 development.

    Sec. 2.  NRS 278.372 is hereby amended to read as follows:

    278.372  1.  The final map must be 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 such

 purpose in the engineering profession. Affidavits, certificates and

 acknowledgments must be legibly stamped or printed upon the final

 map with permanent black ink.

    2.  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.

    3.  The scale of the final map must be large enough to show all

 details clearly. The final map must have a sufficient number of

 sheets to accomplish this end.

    4.  Each sheet of the final map must indicate its particular

 number, the total number of sheets in the final map and its relation

 to each adjoining sheet.

    5.  The final map must show all surveyed and mathematical

 information and data necessary to locate all monuments and to

 locate and retrace all interior and exterior boundary lines appearing

thereon, including the bearings and distances of straight lines,

central angle, radii and arc length for all curves and such

 information as may be necessary to determine the location of the

 centers of curves.

    6.  Each lot must be numbered or lettered.

    7.  Each street must be named and each block may be numbered

 or lettered.

    8.  The exterior boundary of the land included within the

 subdivision must be indicated by graphic border.

    9.  The final map must show [the] :

    (a) The definite location of the subdivision, particularly its

 relation to surrounding surveys.

    [10.  The final map must show the]

    (b) The area of each lot and the total area of the land in the

 subdivision in the following manner:

    [(a)] (1) In acres, calculated to the nearest one-hundredth of an

 acre, if the area is 2 acres or more; or

    [(b)] (2) In square feet if the area is less than 2 acres.

    [11.] (c) Any roads or easements of access which the owner

 intends to offer for dedication.

    (d) Except as otherwise provided in section 1 of this act, an

 easement for public utilities that provide gas, electric and

 telecommunications services and for any community antenna

 television companies that have a franchise to operate a

 community antenna television system in that area.

    (e) Except as otherwise provided in section 1 of this act, an

 easement for public utilities that provide water and sewer services.

    10. The final map must also satisfy any additional survey and

 map requirements, including the delineation of Nevada state plane

 coordinates established pursuant to chapter 327 of NRS, for any

 corner of the subdivision or any other point prescribed by the local

 ordinance.

    Sec. 3.  NRS 278.374 is hereby amended to read as follows:

    278.374  1.  Except as otherwise provided in subsection 2, a

 final map presented for filing must include a certificate signed and

 acknowledged, in the manner provided in NRS 240.1665 or

 240.167, by each person who is an owner of the land:

    (a) Consenting to the preparation and recordation of the final

 map.

    (b) Offering for dedication that part of the land which the person

 wishes to dedicate for public use, subject to any reservation

 contained therein.

    (c) Reserving any parcel from dedication.

    (d) Granting any permanent easement for utility or community

 antenna television cable installation or access, as designated on the

 final map, together with a statement approving such easement,

signed by the public utility , community antenna television

company or person in whose favor the easement is created or whose

 services are required.

    2.  If the map presented for filing is an amended map of a

 common-interest community, the certificate need only be signed

 and acknowledged by a person authorized to record the map under

 chapter 116 of NRS.

    3.  A final map of a common-interest community presented for

 recording and, if required by local ordinance, a final map of any

 other subdivision presented for recording must include:

    (a) A report from a title company in which the title company

 certifies that it has issued a guarantee for the benefit of the local

 government 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.

The guarantee accompanying a final map of a common-interest

 community must also show that there are no liens of record against

 the common-interest community or any part thereof for delinquent

 state, county, municipal, federal or local taxes or assessments

 collected as taxes or special assessments.

    (b) 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.

    4.  For the purpose of this section the following shall be deemed

 not to be an interest in land:

    (a) A lien for taxes or special assessments.

    (b) A trust interest under a bond indenture.

    5.  As used in this section, “guarantee” means a guarantee of the

 type filed with the Commissioner of Insurance pursuant to

 paragraph (e) of subsection 1 of NRS 692A.120.

    Sec. 4.  NRS 278.4713 is hereby amended to read as follows:

    278.4713  1.  Unless the filing of a tentative map is waived, a

 person who proposes to make a division of land 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 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 $750 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] Except as otherwise provided in section 1

 of this act, an easement for public utilities [which exist or which

 are proposed.] that provide gas, electric and telecommunications

 services and for any community antenna television companies

 that have a franchise to operate a community antenna television

 system in that area.

    (d) Except as otherwise provided in section 1 of this act, an

 easement for public utilities that provide water and sewer services.

    (e) Any existing easements for irrigation or drainage, and any

 normally continuously flowing watercourses.

    [(e)] (f) An indication of any existing road or easement which

 the owner does not intend to dedicate.

    [(f)] (g) The name and address of the owner of the land.

    Sec. 5.  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

 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] Except as otherwise provided in section 1

 of this act, an easement for public utilities [which exist or which

 are proposed.] that provide gas, electric and telecommunications

 services and for any community antenna television companies

 that have a franchise to operate a community antenna television

 system in that area.

    (d) Except as otherwise provided in section 1 of this act, an

 easement for public utilities that provide water and sewer services.

    (e) Any existing easements for irrigation or drainage, and any

 normally continuously flowing watercourses.

 

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