A. Required: A person who proposes to divide any land into four (4) or fewer lots shall file a parcel map application with the City and, upon approval by the City, the applicant shall thereafter file the parcel map with the Office of the County Recorder, unless such recordation is not required under Nevada law.
B. Public Improvements: Public improvements may be required by the City as a condition of approval of a parcel map, but such requirements shall not exceed those that would be required under section 3-3-20 of this chapter if the proposed division of land were a subdivision.
C. Public Improvements: For parcel maps, the City Council shall require, as a condition of approval of a parcel map, the design and construction of all improvements (to include off-site improvements) that are consistent with the uses of the existing property and surrounding land, and that are reasonably necessary to ensure the adequacy of site grading; parcel ingress/egress; street alignment, surfacing and width; water quality; water drainage; water supply; sewerage; and the protection of public health and safety.
D. Dedications: If the proposed parcels are located in areas where public improvements do not exist, the City Council shall require the dedication of rights-of-ways and/or easements to the extent necessary to serve the best interests of the public.
E. Parcel Or Lot Design: Lot width, depth and area shall comply with the zoning requirements appropriate for the location and character of development proposed, including the requirements set forth in sections 3-2-26 and 3-2-28 of this title, and appropriate for the type and extent of public improvements being installed. However, where steep topography, unusual soil conditions or drainage problems exist or prevail, the City may require increased lot width, depth and/or area that exceeds the minimum requirements of the particular zoning district.
F. Construction Plans: The subdivider shall use a licensed professional engineer to prepare a complete set of construction plans for all required public improvements. The construction plans shall be based on and prepared in conjunction with the parcel map. The foregoing construction plans must be approved by the City prior to recordation of the parcel map.
G. Second Or Subsequent Parcel Maps: When considering whether to approve, conditionally approve or disapprove a second or subsequent parcel map involving land that has been divided by a parcel map which was recorded within the five (5) years immediately preceding the acceptance of the second or subsequent parcel map as a complete application, the following criteria shall be considered:
1. 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;
2. The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the property being divided into parcels;
3. The availability and accessibility of utilities;
4. The availability and accessibility of public services, such as schools, police protection, transportation, recreation and parks;
5. Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance shall apply;
6. General conformity with the City's master plan of streets and highways;
7. The effect of the proposed division of land into parcels on existing public streets and the need for new streets or highways to serve the land being divided;
8. Physical characteristics of the land, such as floodplain, slope and soil;
9. The recommendations and comments of those entities reviewing the parcel map pursuant to Nevada Revised Statutes sections 278.330 through 278.348, inclusive; and
10. 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.
11. For any other second or subsequent parcel map, any reasonable public improvement shall be required, but not more than would be required under section 3-3-20 of this chapter if the parcel were a subdivision.
H. Review And Approval Of Parcel Map:
1. Upon the filing of an application by a person proposing to divide land into parcels, except as otherwise provided in this section, the City Planning Department shall approve the parcel map, or waive the requirement of a parcel map or survey for a parcel map, without further action by the Planning Commission or City Council, unless the parcel map includes an offer of dedication of a street right-of-way to the City or is associated with a request to modify subdivision ordinance standards or regulations. Except as otherwise provided in the preceding sentence, the City Planning Department shall review the parcel map and within sixty (60) days after filing shall approve, conditionally approve or disapprove the parcel map.
2. A parcel map which includes an offer of dedication of a street right-of-way to the City or a modification of ordinance standards or regulations respecting the division of land shall be referred to the Planning Commission and the City Council for review and consideration, and formal acceptance of the offer of dedication and/or any modification of standards or regulations. The Planning Commission shall consider the parcel map within sixty (60) days after filing and shall thereupon make a recommendation to the City Council to approve, conditionally approve or disapprove the formal acceptance of the offer of dedication and/or any modification of standards or regulations. The City Council shall then consider and take action upon the formal acceptance of the offer of dedication and/or any modification of standards or regulations no later than thirty (30) days after action by the Planning Commission, taking into account the recommendation of the Planning Commission.
I. Exceptions:
1. A parcel map is not required when the division of land into parcels is for the express purpose of:
a. Creation or realignment of a public right-of-way by a public agency;
b. Creation or realignment of an easement;
c. An adjustment of the boundary line between two (2) abutting parcels or the transfer of land between two (2) owners of abutting parcels, which does not result in the creation of any additional parcels, if such an adjustment is approved pursuant to Nevada Revised Statutes 278.5692 and is made in compliance with the provisions of Nevada Revised Statutes 278.5693;
d. The purchase, transfer or development of space within an apartment building or an industrial or commercial building;
e. Carrying out an order of any court or dividing land as a result of an operation of law.
2. A parcel map is not required for any of the following transactions involving land:
a. The creation of a lien, mortgage, deed of trust or any other security instrument;
b. The creation of 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;
c. Conveying an interest in oil, gas, minerals or building materials, which is severed from surface ownership of real property;
d. Conveying an interest in land acquired by the Department of Transportation pursuant to chapter 408 of the Nevada Revised Statutes;
e. Filing a certificate of amendment pursuant to Nevada Revised Statutes 278.473.
J. Survey Not Required: If a survey is not required for the preparation of a parcel map, the map must be prepared by a registered land surveyor, but the certificate upon the map may include substantially the following:
This map was prepared from existing information (identifying it and stating where filed or recorded), and the undersigned assumes no responsibility for the existence of monuments or corrections of other information shown on or copied from any such prior document.
K. Fee: The applicant shall, at the time of filing the parcel map, pay a filing fee to the City in an amount established by resolution of the City Council.
L. Information Required: The parcel map shall contain the following information and meet the following requirements:
1. The parcel map shall be legibly drawn in black, waterproof India ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. The size of each sheet shall be twenty four inches by thirty two inches (24" x 32"). A marginal line shall be completely drawn around each sheet leaving an entirely blank margin of one inch (1") at the top, bottom and right edges, and of two inches (2") at the left edge along the twenty four inch (24") dimension.
2. A parcel map must indicate the owner of any adjoining land or right-of-way if owned by the person dividing the land.
3. If a survey is required, the parcel map shall also show:
a. All monuments found, set, reset, replaced or removed, describing the claim, size and location and other data relating thereto;
b. Bearing or witness monuments, basis of bearings, bearing and length of line and scale of map;
c. Name and legal description of tract or grant in which the survey is located and ties to adjoined tracts;
d. Memorandum of oaths;
e. Signature of surveyor;
f. Date of survey;
g. Signature of the owner or owners of the land to be divided;
h. Any easements granted or dedications made;
i. Any other data necessary for the intelligent interpretation of various items in the location of the points, lines and areas shown; and
j. Provision and date for installation of all required improvements.
4. The following certificates shall appear on a parcel map before it can be recorded:
a. A certificate for execution by the Clerk of each approving Governing Body stating that the body approved the map;
b. A certificate by the surveyor responsible for the parcel map giving the date of the survey on which the map is based and stating that the survey was made by him or under his direction and setting forth the name of the owner who authorized him to make the survey, and that the parcel map is true and complete as shown. The certificate shall also state that the monuments are of the character and occupy the positions indicated or that they will be set in such positions at such time as agreed upon under the provisions of Nevada Revised Statutes chapter 278. The certificate shall also state that monuments are or will be sufficient to enable the survey to be retraced;
c. A certificate signed and acknowledged by all parties having any record title in the land to be divided into parcels evidencing their grant of permanent easements for utilities installations and access, as designated on the parcel map;
d. A statement approving such easements, signed by each public utility company or agency in whose favor the easements are created or whose utility services are to be required for the mapped parcel; and
e. A statement that it shall be the responsibility of the applicant to obtain the approvals of all serving utility companies as to the location of any utility easements shown on the parcel map.
5. The following data shall accompany a parcel map at the time it is submitted:
a. Name, address and telephone number of the persons requesting approval of the parcel map and the owner or owners of the land;
b. Name, address and telephone number of the person who prepared the map;
c. Legal description of the original parcel. It shall be sufficient to give the Recorder's book and page number of the deed and the Assessor's parcel number;
d. Proposed use of each parcel;
e. Source of water supply and proposed method of sewage disposal for each parcel;
f. A copy of all survey computations shall accompany the parcel map; and
g. A vicinity map.
6. The subdivider shall file the following copies of the parcel map with the City at the time of filing:
a. One hard copy that is 24" x 36" in size;
b. One reproducible hard copy that is 81/2" x 11" in size; and
c. A legible electronic copy in PDF format.
M. Recording: A parcel map approved pursuant to this section and section 3-3-25 of this chapter, shall be recorded in the Office of the Elko County Recorder within two (2) years after the date when the map was approved or deemed approved by the City.
N. Prohibitions Of Parcels: Parcel maps that are determined by the City to fall into one or more of the following categories shall not be approved by the City:
1. One or more of the proposed parcels are not reasonably capable of being developed due to site conditions.
2. The parcels are proposed in an attempt to eliminate frontage or required public improvements.
3. The proposed parcels are detrimental to the health, safety and/or welfare of the public. (Ord. 834, 11-27-2018)