(A) Agency: The Elko County Planning Commission is hereby designated the agency with the duty of making investigations and reports on design and improvements of all proposed subdivisions.
(B) Regulation: It shall be unlawful for any individual firm, association, syndicate, copartnership, trust or any other legal entity, as a principal agent or otherwise to offer to sell, to contract to sell or lease or transfer any subdivision of land or any part thereof in the County unless and until all the requirements hereinafter provided have been performed. This shall not be construed to prohibit the sale of any lot or parcel which is of record as a lot or parcel of land on the effective date of this Title.
(C) Appeal: If a developer is dissatisfied with any action or requirement of the Planning Commission, he may appeal under 278.330(5).
(D) Exceptions: The County Commissioners reserve the right of review as provided in N.R.S. 278.317. Such review, exceptions or waiver shall not be granted until:
1. The developer has submitted a written application therefore with the Planning Commission prior to report and recommendation on the map.
2. The Planning Commission has considered the application and reported to the Board of County Commissioners.
3. The Planning Commission finds that each of the following conditions exist:
a. There are special conditions or circumstances peculiar to the property justifying the waiver;
b. Strict application of the requirements of this Title would cause extraordinary and unnecessary hardship in the developing of the property;
c. Such waiver would not in effect nullify the objectives of this Title or any other law or ordinance applicable to development;
d. Such waiver would not be injurious to adjacent properties or detrimental to the health, safety, convenience and welfare of the public.
4. The order granting the waiver may contain conditions and failure to conform to such conditions will be grounds for disapproval of the parcel or final map of the land development. Such order shall be included in the approval or conditional approval of the tentative map when such tentative map is a requirement.
(E) Rejection of Maps: The Planning Commission and/or the Board of County Commissioners may disapprove any parcel tentative or final map if the use to be made of the property, as proposed, is a use prohibited by any ordinance, Statute, law or other valid regulation; if the property is deemed to be unhealthful, or unsuitable for occupancy; if the property is of such character and location as to be contrary to the best interest of the County because of complex slope, drainage, access, fire protection, incapability of sewage disposition through existing or proposed facilities or other reasons relative to ecological values; the property cannot be safely and reasonably developed within present levels of knowledge. Such disapproval shall be supported by a written finding by the Planning Commission and/or County Commissioner detailing the reasons and causes for such rejection.
(F) All land developments, hereinafter platted and improved within Elko County, should be characterized by a complete design approach. In all developments, intensive considerations shall be given to the provision of adequate open space, circulation, recreation, light and air, service needs, orientation to the sun, wind, snow drifting and icing conditions, building masses, setbacks and natural features and elements, under fully developed and populated conditions and shall also provide such covenants, agreements and other legal provisions as will assure conformity to the achievement of the Plan as presented and/or approved. All tentative plats as approved shall be subject to such conditions as may reasonably be required. Such a development may be approved by the Planning Commission although the design thereof does not strictly conform to standards and requirements as set forth herein, provided all departures can be made without destroying the context and purposes of this Title.
(G) Impact Study: The Planning Commission with ratification by the County Commissioners or the County Commissioners acting on their own may require a subdivision impact study. Said study shall be made at the sole expense of the subdivides. Personnel conducting the study and the scope of said study shall be subject to County Commissioners' approval.
Specific items that may be required include, but are not limited to any one or more of the following:
1. Water resources
2. Soil analysis
3. Drainage
4. Energy requirements
5. Logistical needs
6. Population-growth projection
7. Wildlife and plant life
8. Aesthetic values
9. Compatibility with adjoining areas
10. Law enforcement and fire protection needs
11. Tax base to services costs analysis
(H) Additional Plans and/or Data: The County Planning Commission with ratification by the County Commissioners or the County Commissioners acting on their own may require additional plans and/or data from the subdivider. Personnel preparing the plans and/or data shall be subject to the County Commissioners' approval. Specifics that may be required include, but are not limited to, any one or more of the following:
1. Minimum building size requirements.
2. Price range of lots.
3. Accessibility to schools, utilities, police and fire protection.
4. Landscaping requirements.
5. Sanitation (refuse sites, septic tank sludge disposal, etc.).
6. Sewer system.
7. Master plan (if project is not to be limited to one unit).
8. Disclosure statement.
(I) Developments: All "condominiums", "cooperatives", or "townhouses", "commercial" and "industrial" type developments shall be subject to the full requirements of this Title as pertinent. (Ord. 1974-E, 2-7-1974)