When used in this Title, the following words and phrases shall have the following meanings:
The word "shall" is mandatory; the word "may" is permissive. (Ord. 1974-E, 2-7-74)
AGRICULTURAL PURPOSES: Use of land which qualifies for an agricultural use assessment in accordance with the provisions of chapter 361A of the Nevada Revised Statutes, and the instructions for the assessment of land published by the Nevada Tax Commission. Said term is further defined as land which was assessed under chapter 361A at the time of subdivision and each parcel will continue to qualify for assessment under chapter 361A at the time of subdivision and each parcel will continue to qualify for assessment under chapter 361A after subdivision. (Ord. 1981-D, 5-7-81, eff. 6-1-81)
BLOCK: Land on one side of a street lying between intercepting streets or between such streets and any subdivided acreage or body of water.
BUILDING SITE: A portion of a parcel or lot of land intended to be occupied by buildings or structures.
COMMON AREA: An area set aside within a land development for the use in common by the residents thereof.
COUNTY SURVEYOR, COUNTY COMMISSIONERS, COUNTY MANAGER, COUNTY RECORDER, ENGINEER, HEALTH DEPARTMENT, BUILDING INSPECTOR, PLANNING COMMISSIONER AND COUNTY CLERK: Those of and/or empowered to act for the County of Elko, State of Nevada.
DEVELOPER: A person, firm, individual or owner engaged in the act of subdividing land.
DIVISION, DIVISION OF LAND OR DIVIDED: Any separation of land into two (2) or more parts or parcels accomplished by deed, contract of sale or other means, to create a new building site, lot or parcel.
DWELLING UNIT: A place or residence which may be located in either a single or multiple dwelling unit building.
FINAL MAP: A map prepared in accordance with the provisions of the statute and this Title which is designed to be placed on record in the office of the County Recorder and is a requirement of a major subdivision.
FLOOD HAZARD: Possible occurrence of overflow storm water causing flooding of lands or improvements; or having sufficient velocity to transport or deposit debris, to scour the surface soil, to dislodge or damage buildings, or to cause erosion of the banks or channels.
IMPROVEMENT: Only such street work and utilities to be installed on land for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.
IMPROVEMENT PLAN: An engineering plan submitted by a civil engineer registered in Nevada, showing the location and construction details of all improvements. (Ord. 1974-E, 2-7-74)
LAND DEVELOPMENT, DEVELOPMENT OR SUBDIVISION: As defined in N.R.S. 278.320:
"278.320 SUBDIVISION FURTHER DEFINED
1. 'Subdivision' means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, separate interests or interests in common, for the purpose of any transfer, development or any proposed transfer or development; unless exempted under subparagraphs (a) or (b). (Ord. 1974-E, 2-7-74)
(a) The term 'subdivision' does not apply to any division of land which creates lots, parcels, sites, units or plots of land, each of which comprise 640 or more acres of land, including roads and roadway easements. (Ord. 1979-V, 10-3-79, eff. 11-1-79)
(b) Unless a method of disposition is adopted for the purpose of evading this Chapter, the term 'subdivision' does not apply to any division of land: (Ord. 1974-E, 2-7-74)
(1) Which creates lots, parcels, sites, units or plots of land such that the land area of each of the lots, parcels, sites, units or plots, when divided by the number of interest in every such lot, parcel, site, unit or plot results in 636 or more acres, exclusive of roads and roadway easements, per interest; (Ord. 1979-V, 10-3-79, eff. 11-1-79)
(2) Which is created by order of any court in this State or by operation of law;
(3) Which is created by a lien, mortgage, deed of trust or any other security instrument;
(4) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;
(5) Which creates cemetery lots;
(6) Which creates an interest, or interests, in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property;
(7) Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons who are related to each other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property or as tenants in common. Any such interest shall be deemed for purposes of this subsection, as only one interest. (Ord. 1974-E, 2-7-74)
2. For subdivisions not containing more than four (4) lots, parcels, sites, plots or interest, there shall be filed a parcel map or map of division into large parcels pursuant to the provisions of N.R.S. 278.461 to N.R.S. 278.477, inclusive. (Ord. 1979-V, 10-3-79, eff. 11-1-79)
3. Nothing contained herein shall apply to the division of land for agricultural purposes, in parcels of more than 10 acres, not involving any street, road, or highway opening or widening or easements of any kind.
Any subsequent amendments to N.R.S. 278.320 to be incorporated herein as though a part of this document.
LOT: An individual lot or parcel as shown on the tentative or final map intended to be conveyed or taxed as a single unit. (Ord. 1974-E, 2-7-74)
MAJOR SUBDIVISION: Any subdivision as defined herein containing five (5) or more parcels regardless of size.
MAP OF DIVISION INTO LARGE PARCELS: A map proposed pursuant to Nevada Revised Statutes and this Title which is filed in the office of the County Recorder and is a requirement for a minor subdivision in which any parcel exceeds 40 acres. (Ord. 1979-V, 10-3-79, eff. 11-1-79)
MINOR SUBDIVISION: Any subdivision as defined herein containing not more than four (4) parcels.
OWNER: An individual, firm, association, syndicate, co- partnership or corporation having sufficient proprietary interest in the land sought to be developed, to commence and maintain proceedings to develop the same under this Title. While used herein, the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and the plural number whenever required.
PARCEL: An individual lot or parcel as shown on the tentative or final map intended to be conveyed or taxed as a single unit. (Ord. 1974-E, 2-7-74)
PARCEL MAP: A map proposed pursuant to the Nevada Revised Statutes and this Title, which is filed in the office of the County Recorder and is a requirement for a 'minor subdivision' in which all parcels are smaller than 40 acres. (Ord. 1979-V, 10-3-79, eff. 11-1-79)
PARK: Public or private open space reserved from dwelling unit development for use by occupants of the development or the public.
PATH: A way designed for use primarily by pedestrians.
(A) Public Paths: Rights-of-way dedicated by a development map or deeded to the governing body.
(B) Private Paths: Rights-of-way established for the benefit of the owners of certain building sites which shall be specifically designated for that purpose on a recorded plat.
PONDING OF LOCAL WATER: As distinguished from sheet overflow water originating on or in the vicinity of the development which, due to the condition of the ground surface, does not reach a drainage channel or conduit.
REPRINT: A blueprint, photostat, direct process print, or other copy which reproduces exactly the original drawing from which made.
PRIVATE STREET: Any land or nonexclusive easement not owned by a public body and not accepted for dedication to the public which is used, or intended to be used, for vehicle access to a lot or parcel.
REQUIRED AREA: A lot or parcel of land containing not less than the prescribed minimum area required by any development, zoning or other regulations.
SPECIFICATIONS: Requirements for construction as approved by the County Commissioners and made a part of this Title by reference thereto.
STEEP SLOPES: Any land having an average cross-slope of twenty five percent (25%) or more. A steep slope shall be determined by measurement of the average slope perpendicular to the proposed street line between the proposed rear line and the center of the street. Any block frontage shall be considered a steep slope area if the slope of thirty percent (30%) or more of its length equals or exceeds twenty five percent (25%).
STREET: Lands devoted primarily to vehicular traffic use, extending to the boundaries of the right of way, whether designated as a highway, avenue, boulevard, freeway, place, land, drive, etc.
SUBDIVISION, LAND DEVELOPMENT or DEVELOPMENT: As defined in NRS 278.320. (See definition of Land Development herein.) (Ord. 1974-E, 2-7-74)
TENTATIVE MAP OF DIVISION INTO LARGE PARCELS: A preliminary map made to show the design of the proposed development of five (5) or more acres where any parcel exceeds forty (40) acres, prepared in accordance with NRS and this Title. (Ord. 1979-V, 10-3-79, eff. 11-1-79)
TENTATIVE PLAT: A preliminary map made to show the design of a proposed development and the existing conditions in and nearby, but not based on an accurate or detailed survey.
TRAIL: A way designated for use by pedestrians, bicycles, trail bikes, livestock, snowmobiles, unless otherwise specified. (Ord. 1974-E, 2-7-74)