A. Overview: The final map stage (stage III) includes the final design and engineering of the subdivision, and the preparation, submission and review of and official action on the final map and construction plans.
B. Requirements For Presentation Of Final Map Or Series Of Final Maps; Extensions Of Time:
1. Unless a longer time is provided in an agreement entered into pursuant to this chapter, or unless the time is extended by mutual agreement of the subdivider and the City Council, the subdivider shall present to the City Council within four (4) years after the approval of a tentative map: a) a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved; or b) the first of a series of final maps covering a portion of the approved tentative map. If the subdivider elects to present a successive map in a series of final maps, each covering a portion of the approved tentative map, the subdivider shall present to the City Council on or before the second anniversary of the date on which the subdivider recorded the first in the series of final maps: 1) a final map, prepared in accordance with the tentative map, for the entire area for which the tentative map has been approved; or 2) the next final map in the series of final maps covering a portion of the approved tentative map. If the subdivider fails to comply with the provisions of the preceding sentence, all proceedings concerning the subdivision are terminated.
2. The City Council may grant an extension of not more than two (2) years for the presentation of any final map after the 2-year period for presenting a successive final map has expired.
3. Any request for an extension of time to present a final map, to include a map presented in a series of final maps, shall be submitted in writing to the City prior to the expiration of time for presenting the final map.
C. Pre-Submission Requirements: Before a final map is submitted to the City for approval, the following requirements must be satisfied:
1. Zoning: The final map shall meet all requirements of the zoning district in which it is located, and any necessary changes to zoning district boundaries shall have been adopted by the City Council;
2. Preparation Of Final Map: The subdivider shall prepare a final map that does not materially differ from the approved tentative map and conforms to all applicable requirements of the Nevada Revised Statutes, the Nevada Administrative Code and this chapter.
D. Utility Easements: The subdivider shall obtain a letter or letters from all public utilities with utility easements located within the proposed subdivision indicating approval of the subdivision, which approvals shall be indicated in an affidavit on the final map.
E. Proposed Agreement To Install Improvements: The City shall provide to the subdivider a proposed agreement to install improvements prepared in accordance with the requirements of this chapter.
F. Final Map Submittal; Filing: The final map submittal shall consist of three (3) copies and a readable electronic file in pdf format of the final map and any required supporting information and/or data, and a proposed agreement to install improvements (to include exhibits thereto), prepared in accordance with the requirements of this chapter. The final 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 final map will be considered.
G. Review Of Final Map:
1. Review By City Departments: Upon receipt of the final map submittal, the City Planning Department shall record the receipt and date of filing, and shall thereafter transmit copies of the final map to the City Engineering, Utility, Public Works, Fire and Development Departments for their respective reviews. In reviewing the final map submittal, these departments shall each make a determination as to the completeness and adequacy of the final 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 final 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. If the subdivider does not correct an incomplete final map submittal within ninety (90) calendar days from the date of filing with the City, the final map submittal will automatically expire and may not be re-filed without payment of a new filing fee.
2. Distribution Of Final Map Submittals To Other Governmental Entities, Irrigation Ditch Owners And Utilities: If, following the foregoing departmental review, the City determines that the final map submittal is complete, adequate and in conformity with the requirements of this Code and the stage II submittal, the City Planning Department will transmit copies of the final map submittal for review to: a) the Bureau of Water Pollution Control Nevada Division of Environmental Protection of the State Department of Conservation and Natural Resources; b) if the subdivision is subject to the provisions of Nevada Revised Statutes 704.6672, the Public Utilities Commission of Nevada; and c) the Division of Water Resources of the State Department of Conservation and Natural Resources. All comments received in response to the foregoing distributions shall be provided to the Planning Commission and the City Council at the respective meetings during which the application is under consideration.
3. Review By Planning Commission: The Planning Commission shall review the final map for conformity with the tentative map, this Code and the approved construction plans, and shall thereafter make a recommendation to the City Council to approve, conditionally approve or disapprove the final map.
H. Final Map Approval, Certification And Recordation:
1. Upon a recommendation by the Planning Commission to approve, conditionally approve or disapprove the final map, the City shall, within sixty (60) days, place the item on the agenda for the meeting of the City Council.
2. During the meeting at which the final map is presented to the City Council, the City Council shall approve, conditionally approve or disapprove the final map.
3. If the City Council disapproves the final map, it shall state the reasons for the disapproval and the same shall be placed in the minutes and communicated to the subdivider.
4. Prior to a decision by the City Council to approve the final map, the City Council shall: a) accept or reject on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication, b) if applicable, it shall determine that a public street, easement or utility easement that will not remain in effect after a merger and re-subdivision of parcels conducted pursuant to Nevada Revised Statutes 278.4925, has been vacated or abandoned in accordance with Nevada Revised Statutes 278.480, c) find that the final map substantially complies with the tentative map and all conditions have been met; and d) approve an agreement to install improvements that satisfies the requirements of this chapter.
5. Following approval of the final map by the City Council, the City Clerk shall place upon the final map a certificate, signed by the Mayor and the City Clerk, stating that: a) the City Council approved the map; b) the City Council accepted or rejected on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication; c) if applicable, the City Council determined that a public street, easement or utility easement that will not remain in effect after a merger and re-subdivision of parcels conducted pursuant to Nevada Revised Statutes 278.4925, has been vacated or abandoned in accordance with Nevada Revised Statutes 278.480; d) the final map substantially complies with the tentative map and all conditions have been met; and e) a performance agreement is in place that satisfies the requirements of this chapter.
6. Upon approval of a final map with or without conditions, the City Utility Department shall provide a water and sewer "intent to serve" letter to the applicable State agencies.
7. If the City Council conditionally approves a final map, the conditions shall be satisfied before the final map is certified. The City Council may, in its discretion, direct that the conditions be satisfied within a specified period of time, after which the conditional approval shall expire and the final map shall be automatically deemed disapproved.
8. The City shall not issue any building permits for a subdivision until certification and recordation of the final map.
9. Except as otherwise provided in this subsection H9, the City shall not issue any certificates of occupancy prior to completion, certification and acceptance by the City Council of the required improvements as shown on the construction plans and the State has authorized the City to place the subdivision utilities into service. Notwithstanding the foregoing, upon application by the subdivider, the City Council may waive or modify requirements applicable to one or more individual improvements in order to permit the earlier issuance of one or more certificates of occupancy upon a showing that completion of the improvements is delayed due to inaction on the part of a Federal or State agency and based on proof of no fault of the subdivider. Nothing herein shall be interpreted as permitting the waiver or modification of any requirement contained in Federal Statutes or regulations, the Nevada Revised Statutes or the Nevada Administrative Code.
10. Following certification, the City Clerk shall cause the approved final map to be presented to the Elko County Recorder for recording. (Ord. 834, 11-27-2018)