The tentative map stage (stage II) includes preparation, submission, review, and Planning Commission and City Council action on the tentative map. The subdivider can help expedite processing of the tentative map by submitting all information needed to determine consistency with this Code and the Elko Master Plan.
A. Zoning Amendments: The tentative map shall be designed to meet the specific requirements of the zoning district in which it is located. However, in the event a change of zoning district boundaries is necessary, an application for a change in zoning consistent with section 3-2-21 of this title shall be submitted and processed in conjunction with the tentative map. If a change in zoning district boundaries is required, the City will not continue processing the tentative map until the application for change of zoning district boundaries is submitted.
The application for change of zoning district boundaries shall be heard by the Planning Commission at the same meeting as the tentative map is considered, but shall be acted upon as a separate item. The application for change of zoning district boundaries shall be heard prior to the action item for possible approval of the tentative map. When a tentative map constitutes only one unit of a larger development intended for progressive maps, the change of zoning district boundaries may be limited to the area contained in the tentative map application. Any required change of zoning district boundaries shall have been approved by the City Council prior to tentative map approval. A change of zoning district boundaries required under this section must, without limitation, conform to all applicable master plan(s) adopted by the City.
B. Sanitary Sewerage, Water Supply, Storm Drainage And Solid Waste Disposal: As a prerequisite to tentative map review by the Planning Commission, the subdivider shall provide adequate information to enable the City to determine whether it conforms to this Code, to include, without limitation, all applicable requirements for public improvements, such as grading, installation of a sanitary sewer and sewerage disposal, water supply, storm drainage, solid waste disposal and the provision of other public utilities to the proposed subdivision.
C. Tentative Map Submittal: The following requirements apply to submission of the tentative map for review and filing of the tentative map:
1. Tentative Map Submittal; Application: Three (3) copies of the tentative map and any required supporting information and/or data in readable pdf format (unless otherwise requested by the City), prepared in accordance with the requirements of this chapter, together with any required filing fee (collectively referred to as the "tentative map submittal"), shall be filed with the City Planning Department at least forty two (42) calendar days prior to the Planning Commission meeting at which the recommendation to approve, conditionally approve or disapprove the tentative map will be considered. Upon receipt of the tentative map submittal, the City Planning Department will record the date of receipt and filing. The tentative map submittal shall be deemed the subdivider's application for approval of the tentative map.
2. Initial Review Of Tentative Map Submittal For Completeness Upon Filing: Upon filing, the City will perform an initial review of the tentative map submittal to determine if it is complete and satisfies the requirements of the Nevada Revised Statutes, the Nevada Administrative Code and section 3-3-6 of this chapter. The tentative map submittal must be consistent with the information provided by the subdivider to the City at the preapplication stage (stage I) meeting. The Planning Commission will not consider the application for tentative map approval unless adequate information has been submitted to permit the City to determine that the tentative map complies with this Code. Upon request by the City, the subdivider shall furnish additional copies of any documents required by the City to perform its review.
3. Information Required Under Nevada Administrative Code For Review Of Tentative Map: In addition to any other requirements set forth in this Code, without limitation, a subdivider shall submit the following documents or other information to the City:
a. A map showing the topographic features of the subdivision, including contours at intervals of two feet (2') for slopes of ten percent (10%) or less and intervals of five feet (5') for slopes of over ten percent (10%).
b. Two (2) copies of the map showing the tentative design of the subdivision, including the arrangement of lots, the alignment of roads and easements.
c. A statement of the type of water system to be used and the water source, for example, private wells or a public water system.
d. Unless water for the subdivision is to be supplied from an existing public water system, a report of the analyses, performed pursuant to NAC 278.390, of four (4) samples taken in or adjacent to the subdivision from different wells. The analyses must show that the water meets the standards prescribed in NAC 445A.450 to 445A.492, inclusive.
e. A map of the 100-year floodplain for the applicable area. The map must have been prepared by recognized methods or by an appropriate governmental agency for those areas subject to flooding.
f. A description of the subdivision in terms of 40-acre parts of a designated section, township and range, or any other description which provides a positive identification of the location of the subdivision.
g. A map of the vicinity of the subdivision, showing the location of the proposed subdivision relative to the City of Elko or a major highway.
h. The names and addresses of the owners and developers of the subdivision.
i. A master plan showing the future development and intended use of all land under the ownership or control of the developer in the vicinity of the proposed subdivision.
4. Filing; Acceptance Or Rejection: If, following the initial review, the tentative map submittal is determined to conform to the foregoing requirements, the City will accept the tentative map submittal for filing and will assign it a file number. Otherwise, the City will reject the tentative map submittal and inform the subdivider of the deficiencies that resulted in the rejection. If the subdivider does not correct an incomplete tentative map submittal within ninety (90) calendar days from the date of filing with the City, the tentative map submittal will automatically expire and may not be re-filed without payment of a new filing fee.
5. Filing Fee: The subdivider shall, at the time of filing a tentative map submittal, pay to the City a filing fee based upon the number of lots shown on the tentative map. The filing fee shall be set by resolution by the City Council.
D. Tentative Map Review By Departments: Upon filing, the tentative map will be distributed and reviewed as follows:
1. Departmental Review Of Tentative Map Submittals: Unless the tentative map submittal is rejected in accordance with subsection C2 of this section, following the initial review, the Planning Department will transmit copies of the tentative map submittal to the City Engineering, Utility, Public Works, Fire and Development Departments for their respective reviews. In reviewing the tentative map submittal, these departments will each make a determination as to the completeness and adequacy of the tentative map submittal and its conformity to the requirements of this Code, to include any standardized codes adopted by reference. If any reviewing department determines that a tentative map submittal is incomplete, inadequate or noncompliant with this Code, the application will be rejected and the subdivider will be notified of the deficiencies that resulted in the rejection.
2. Distribution Of Tentative Map Submittals To Other Governmental Entities, Irrigation Ditch Owners And Utilities: If, following the foregoing departmental review, the City determines that the tentative map submittal is complete, adequate and in conformity with the requirements of this Code and the stage I submittal, the City Planning Department will transmit copies of the tentative map submittal for review to the following, if required by Nevada Revised Statutes chapter 278 or this Code: a) the Division of Water Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources; b) the District Board of Health acting for the Division of Environmental Protection to review and certify proposed subdivisions and to conduct construction or installation inspections; c) if the subdivision is subject to the provisions of Nevada Revised Statutes 704.6672, the Public Utilities Commission of Nevada; d) the Board of Trustees for the Elko County School District; e) the Board of Trustees for any general improvement district or irrigation district in which the subdivision is located; f) the owner of an irrigation ditch located within the proposed subdivision to the extent required under Nevada Revised Statutes 278.3485; g) the Nevada Department of Transportation, if the subdivision encompasses or is adjacent to any State roads, highways or rights-of-way; h) Elko County, if the proposed subdivision is adjacent to property located outside the Elko City Municipal boundaries; i) any public utilities that are reasonably likely to provide service to the subdivision. All comments received in response to the foregoing distributions will be provided to the Planning Commission and the City Council at the respective meetings during which the application is considered.
3. Planning Commission Review: The Planning Commission shall review the tentative map submittal for compliance with applicable provisions of the Nevada Revised Statutes, the Nevada Administrative Code and this Code, to include this chapter and this title, and shall consider the recommendations of City departments, non-City governmental agencies and others that have reviewed the tentative map submittal pursuant to this chapter. It shall be the responsibility of the subdivider to provide any necessary data and any other information necessary for the Planning Commission to conduct a comprehensive review of the proposed subdivision.
4. Public Hearing; Notices: Prior to taking any action to recommend approval, conditional approval or disapproval of a tentative map, the Planning Commission shall hold a public hearing to receive information about the proposed subdivision and to consider modifications to the tentative map. The public hearing shall be set not later than sixty (60) days from the date a complete tentative map submittal that satisfies the requirements of this Code is filed with the City. At least ten (10) calendar days prior to the public hearing, notices of the public hearing shall be sent by mail to all property owners adjacent to the area proposed to be subdivided. The names and addresses of the adjacent property owners shall be determined by examining the latest assessment rolls of the Elko County Assessor. Notice by mail to the last known addresses of the real property owners as shown by the Elko County Assessor's records shall be sufficient for purposes of this subsection. Legal notice shall be placed in a newspaper of general circulation within the City at least ten (10) calendar days prior to the date of the public hearing.
5. Modifications To Tentative Maps: In the event the Planning Commission requires modifications to the tentative map prior to making a recommendation of approval or conditional approval, the Planning Commission shall so inform the subdivider. The Planning Commission may, in its discretion, provide recommendations to the subdivider regarding the correction of any deficiencies in the tentative map submittal. The Planning Commission may, in its discretion, table or continue a public hearing on a tentative map for a period of time sufficient to permit the subdivider to make any required modifications to the tentative map submittal. Notwithstanding the foregoing, in the event the Planning Commission requests that a subdivider make modifications to a tentative map submittal, the subdivider must present to the Planning Commission a modified tentative map submittal that complies with the Planning Commission's request no more than sixty (60) calendar days from the date of the request. Notwithstanding any other provision in this chapter, the failure of a subdivider to present a properly modified tentative map submittal to the Planning Commission in accordance with the preceding sentence shall result in the automatic expiration of the application for tentative map approval and the subdivider shall not be entitled to any refund or credit of the filing fee.
E. Action On Tentative Map By Planning Commission And City Council: Upon review by City and other agencies and entities as set forth in the preceding subsection, the Planning Commission and City Council will take action on the tentative map as follows:
1. Planning Commission Recommendation: Unless modifications to the tentative map are required pursuant to subsection D of this section, after accepting a tentative map submittal as a complete application, the Planning Commission shall, within sixty (60) days of the date the tentative map submittal is filed, recommend approval, conditional approval or disapproval of the tentative map in a written report filed with the City Council. Notwithstanding the foregoing, unless a longer time is provided in a development agreement entered into pursuant to Nevada Revised Statutes 278.0201, the time limit for acting and reporting on a tentative map may be extended by mutual consent of the subdivider and the Planning Commission; provided, if no action is taken within the time limits set forth in Nevada Revised Statutes 278.010 to 278.630, inclusive (subject to any permitted extensions), a tentative map as filed shall be deemed to be approved without conditions, and the Planning Commission shall certify the tentative map as approved. If the Planning Commission recommends conditional approval or disapproval of a tentative map, the Planning Commission's report to the City Council shall either state the conditions under which the tentative map would have been approved or state that approval was withheld because the land proposed to be subdivided is not suitable for the proposed development, stating the reasons why the land was not considered suitable.
2. Action By City Council To Approve, Conditionally Approve Or Disapprove Tentative Map; Factors Considered: Except as otherwise provided in Nevada Revised Statutes chapter 278 and this chapter, the City Council shall approve, conditionally approve or disapprove a tentative map within sixty (60) days from the date of receipt of the Planning Commission's recommendations. Before approving a tentative map, the City Council shall make such findings as are not inconsistent with the provisions of Nevada Revised Statutes sections 278.010 through 278.630, inclusive, or this Code, which findings shall include consideration of the following factors:
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 the City's master plan, except that if any existing zoning ordinance is inconsistent with the City's master plan, the zoning ordinance takes precedence;
f. General conformity with the City'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 floodplain, slope and soil;
i. The recommendations and comments of those entities and persons reviewing the tentative map pursuant to this chapter and Nevada Revised Statutes 278.330 to 278.3485, inclusive;
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; and
k. The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of Nevada Revised Statutes and for compliance with the disclosure and recording requirements of subsection 5 of Nevada Revised Statutes 598.0923, if applicable, by the subdivider or any successor in interest.
3. Approval Of Tentative Map Without Conditions: The City Council may approve the tentative map without conditions; provided, the approval must include findings that the tentative map meets all requirements of this chapter and the applicable requirements set forth in the Nevada Revised Statutes and Nevada Administrative Code.
4. Approval Of Tentative Map With Conditions: The City Council may approve the tentative map with conditions, in which event the City Council shall, as a requisite to final approval, require the subdivider to submit proof that the conditions have been satisfied to either or both City staff and/or the City Council at a subsequent meeting. The City Council may place a deadline on the time required to satisfy the conditions, after which, unless: a) the subdivider has submitted proof to the City that the conditions have been satisfied, b) the subdivider and the City have entered into a development agreement pursuant to Nevada Revised Statutes 278.0201 and this chapter that extends the time for satisfying the conditions, or c) the City has granted an extension of time to satisfy the conditions consistent with this chapter, the tentative map will be automatically deemed disapproved.
5. Disapproval Of Tentative Map: The City Council may disapprove a tentative map, in which event the City Council shall state the reasons for the disapproval. In the event a tentative map is disapproved, any new filing of a tentative map for the same property, or any part thereof, shall follow the procedure set forth in this chapter for a new tentative map application, to include payment of a new filing fee.
F. Limited Authorization To Proceed Upon Approval With Conditions: If the City Council approves a tentative map with conditions, the subdivider may commence preparing a final map and engineering construction plans; provided, nothing in this subsection shall be interpreted as a waiver of any conditions imposed by the City Council or a commitment that the City will approve a final map or construction plans.
G. Intent To Serve Letters: Upon approval of a tentative map with or without conditions, the City Utility Department shall provide a water and sewer "intent to serve" letter to the applicable State agencies.
H. Construction Of Subdivision Improvements: Notwithstanding any other provision contained herein, approval of a tentative map, with or without conditions, does not constitute authorization to commence any construction activities associated with the subdivision to include, without limitation, public improvements. (Ord. 834, 11-27-2018)