Step 1 | Applicant files application and fee with zoning official. |
Step 2 | Zoning official determines completeness of application. |
Step 3 | Agency review of application. |
Step 4 | Zoning official gives notice of public hearing. |
Step 5 | Planning commission, if established, holds public hearing and makes recommendation. |
Step 6 | City council holds public hearing and acts on application. |
Step 7 | Letter of city council action sent to applicant. |
A. Purpose: Tentative map approval allows the planning commission and city council to review all substantive aspects of a proposed subdivision and impose such conditions as will be necessary to bring the subdivision into compliance with these regulations and other Mesquite planning documents.
B. Applicability: Applicants for major subdivision approval, consisting of five (5) or more units, are required to submit an application and tentative map.
C. Application:
1. Staff Conference: Before any application is made, the applicant is encouraged to confer with the zoning official and the staff review committee to discuss, in general, the procedures and requirements for tentative map approval pursuant to these regulations.
2. Submittal: A property owner or his/her designated representative shall initiate a tentative map approval request by filing an application with the zoning official and paying the filing fee as established by the city council.
3. Contents: A tentative map application shall include:
a. A completed and signed application form;
b. Current, completed, and fully signed property owner affidavit(s);
c. A reproducible original and a sufficient number of copies of the proposed tentative map as specified on the application or as otherwise requested by the zoning official;
d. Copies of all other information required by this section as specified on the application;
e. The applicable map review fee as specified on the application; and
f. A digital, electronic copy of the tentative map.
D. Contents: Tentative maps for major subdivisions shall include the following:
1. Subdivision boundaries (traverse bearings and distances of the boundaries);
2. North arrow or indicator, date and scale on each page. The scale shall be one inch equals one hundred feet (1" = 100') or larger unless specifically waived by the zoning official;
3. Location by tract, or section, township, range, county and state, including descriptive boundaries of the subdivision;
4. Name of the proposed subdivision. This name shall neither duplicate nor too closely resemble the name of any existing subdivision;
5. A location map showing the tract in relation to the surrounding area at a scale of one inch equals two thousand feet (1" = 2,000');
6. Names and addresses of the applicant, developer(s), owner(s) of record, and the name, address and seal of the engineer, land surveyor, architect or land planner responsible for subdivision layout;
7. The following information for land located within two hundred feet (200') of the proposed subdivision: topography based on USGS or NAVD datum at five foot (5') contour intervals in areas where grades are gentle, the zoning official may require a lesser contour interval; names of adjacent subdivisions; layout of streets (with names) and including an indication of road surface locations whether such streets are paved or unpaved; dedicated rights of way with widths; connections with adjoining platted streets; widths and locations of alleys; easements, and public walkways adjacent to or connecting with the proposed subdivision; location, size and right of way widths of all existing sanitary sewer, storm sewer, and water supply facilities; parks and other open spaces; and permanent buildings within ten feet (10') of site, and uses within the remaining area;
8. The location of watercourses, limits of floodplains, floodways, ravines, bridges, lakes, prominent landmarks, rock outcroppings, unique natural areas, wooded areas, approximate acreage and such other existing features as may be pertinent to the subdivision shall be shown;
9. Location of proposed culverts and bridges;
10. Layout and width of right of way and cross sections showing surfacing of all existing and proposed streets and public ways proposed for the subdivision, and access thereto, and the existing and proposed street names;
11. Lot layout, lot number, approximate dimensions, approximate lot areas, easements, setback requirements with dimensions, and the number or letter of each block;
12. Location and size of any land to be dedicated or reserved for public use or for use in common by property owners in the subdivision and any conditions of such dedication or reservation;
13. Preliminary plans showing the locations and sizes of all existing and proposed sanitary sewerage lines and facilities, the locations and sizes of all existing and proposed water distribution system lines and facilities, the location of the closest existing water and sewer mains, and the location and character of all other existing and proposed public utility lines, including existing gas and power lines. These plans shall be accompanied by a written and signed statement explaining how the applicant proposes to provide sewage treatment facilities or other disposal of sanitary wastes. When the applicant intends to use existing sewage treatment facilities, a letter from the proper authority accepting responsibility for treatment of sanitary wastes from the proposed subdivision is required to be provided by the applicant;
14. Storm water management plan pursuant to section 9-9-5 of this title, proposed size, nature and location of all proposed storm drainage improvements;
15. Identification, location and nature of all existing and proposed zoning districts and land uses to be included within the subdivision and the zoning district and status of adjacent properties within two hundred feet (200') of the subdivision;
16. Existing on site building footprints and pavement boundaries;
17. Proposed use of lots;
18. Proposed phasing plans;
19. Calculations noted of the following:
a. Total area of the subdivision, in acres calculated to the nearest one-hundredth (1/100) of an acre, if the area is two (2) acres or more; or in square feet if the area is less than two (2) acres.
b. Total area of all streets in the subdivision.
c. Total area of all common open space in the subdivision;
20. Letters of availability from the public utilities and service providers, including, but not limited to, water, sewer, electrical power, solid waste disposal, and telephone. (Ord. 356, 9-26-2006, eff. 10-19-2006)
E. Submission Date:
1. Reserved. (Ord. 382, 8-28-2007, eff. 9-20-2007)
2. For purposes of these regulations, the date of the regular meeting of the planning commission at which time a complete tentative map is reviewed shall constitute the official submittal date of the map. The forty five (45) day period for approval, conditional approval, or disapproval will commence from the official submittal date of the tentative map.
3. If there is no planning commission, for purposes of these regulations, the date of the regular meeting of the city council at which time a complete tentative map is reviewed shall constitute the official submittal date of the map. The forty five (45) day period for formal approval, conditional approval, or disapproval of the map shall commence from the official submittal date.
F. Agency Review:
1. The zoning official shall distribute copies of the complete tentative map application to all state and local agencies and persons charged with reviewing the proposed subdivision, including, but not limited to, the following:
a. Nevada department of conservation and natural resources divisions of water resources and environmental protection;
b. Nevada department of human resources health division;
c. For any subdivision that will provide water or services for the disposal of sewage and is subject to Nevada Revised Statutes 704.6672, a copy shall be sent to the Nevada public utilities commission;
d. The Southern Nevada health district;
e. Clark County School District board of trustees;
f. The Clark County planning commission, if the proposed subdivision is within one mile of an unincorporated area of the county.
2. The agencies listed in subsections F1a and F1b of this section shall file a written recommendation with the planning commission or city council within fifteen (15) days of receipt of the tentative map.
3. The Nevada public service commission shall acknowledge receipt of the tentative map within fifteen (15) days of receipt.
4. The school district board of trustees shall identify the need for a school site within fifteen (15) days of receipt of the map.
G. Action On Tentative Map; Public Hearing: Within forty five (45) days after the submission of a complete tentative map application for a major subdivision to the planning commission, or city council if there is no planning commission, the planning commission or city council shall hold a hearing on the application.
H. Guidelines For Planning Commission Or City Council Decision: The planning commission or city council shall consider the following criteria in making a recommendation on the tentative map:
1. Environmental And Health Laws: The application conforms with 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. Water Availability: The applicant has shown the availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;
3. Public Utilities: The site is served, or will be served at the time of development, with all necessary public utilities, including, but not limited to, water, sewer, gas, electric and telephone service;
4. Location: The site is located in an area of the city that is appropriate for current development activity and which will not contribute to the need for inefficient extensions and expansions of public facilities, utilities and services;
5. Public Services: The applicant has shown the availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks;
6. Development Pattern: The site represents an overall development pattern that is consistent with the goals and policies of the master plan, the official map, the capital improvements program and any other applicable planning documents adopted by the city;
7. Conformance: The site and application conform to all applicable provisions of these regulations. If these regulations are inconsistent with the master plan, these regulations shall take precedence; however, city staff shall be instructed to make such recommendations as will be necessary to bring these regulations into compliance with the master plan;
8. Effect On Streets: The application considers the effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
9. Street Design: The tentative map shows the location, spacing and design of proposed streets, curb cuts and intersections, all of which are consistent with good traffic engineering design principles;
10. Access: Each lot in the map of a residential development has adequate and safe access to/from a local street. If lot access is to/from a collector or arterial street, the planning commission, or city council if there is no planning commission, shall expressly find that such access is safe and that no other lot access or subdivision configuration is feasible;
11. Site Layout: The site contains a parcel, lot and land subdivision layout that is consistent with good land planning and site engineering design principles;
12. Development Sensitive To Environment: The site will be laid out and developed in a manner that is sensitive to environmental features and/or characteristics of the tract or parcel, including, but not limited to, topography, slope, soils, geology, hydrology, floodplains, wetlands, vegetation and trees;
13. Dedications And Improvements: The applicant agrees to dedicate and improve land, right of way and easements, as may be determined to be needed to effectuate the purposes of these regulations and the standards and requirements incorporated herein;
14. Other Recommendations And Comments: The recommendations and comments of those entities reviewing the tentative map pursuant to Nevada Revised Statutes chapter 278;
15. Submission Requirements Satisfied: All relevant and applicable submission requirements have been satisfied in a timely manner.
I. Planning Commission Recommendation: The planning commission, or city council if there is no planning commission, at the hearing shall recommend approval, disapproval or approval with conditions. If the planning commission has been authorized by the city council, it shall approve, disapprove or conditionally approve the tentative map application. The planning commission, or city council if there is no planning commission, with the consent of the applicant, may extend the forty five (45) day period. Notice of the planning commission's or city council's if there is no planning commission, decision shall be forwarded to the applicant in writing pursuant to subsection 9-4-3B of this title. Failure of the planning commission, or city council if there is no planning commission, to act within forty five (45) days shall result in a recommendation of approval.
J. City Council:
1. If there is a planning commission, following action by the planning commission, the city council shall, within thirty (30) days, review the application and the recommendation of the planning commission and either approve, conditionally approve or disapprove the tentative map.
2. If there is no planning commission, the city council shall, within forty five (45) days of the official submission date, review the application at a public hearing pursuant to the guidelines established in section 9-4-7 of this title.
a. The zoning official shall give published notice of the hearing pursuant to subsection 9-4-2A of this title and shall also give personal notice to surrounding landowners pursuant to subsection 9-4-2B of this title.
b. The city council shall, by a majority vote of the members present, make a final disposition on the tentative map. The time limit for acting on the tentative map may be extended by mutual consent of the city council and applicant.
c. Notice of the city council's decision shall be provided to the applicant pursuant to subsection 9-4-2E of this title. Disapproval or conditional approval must be accompanied by a statement of the reason(s) for that action.
3. If the tentative map is approved or approved with conditions, the applicant shall meet or arrange to meet the conditions and then proceed with the construction plan and final map approval processes.
4. Failure of the city council to act within the specified time periods shall result in tentative map approval without city council action. Should a tentative map be deemed approved, the city clerk shall certify the map as approved.
5. Approval by the planning commission or city council of a tentative map imposes no obligation on the part of the planning commission or city council to approve the final map or to accept any public dedication shown of the final map.
K. Effect Of Tentative Map Approval: If the subdivider fails to record a final map for any portion of the tentative map within the time required by Nevada Revised Statutes chapter 278, all proceedings are terminated and a new application is required. The city council may grant extensions as allowed by Nevada Revised Statutes chapter 278. After approval of the tentative map, the applicant shall prepare and file construction drawings as required for all public facilities and utilities to be provided. (Ord. 356, 9-26-2006, eff. 10-19-2006)