The purpose of this chapter is to provide for the orderly growth and harmonious development of the City; to ensure adequate traffic circulation through coordinated subdivision street systems in relation to major thoroughfares, adjoining subdivisions, and public facilities to achieve individual property lots of optimum utility and livability; to secure adequate provisions for water supply, drainage, sanitary sewerage, and other health requirements; to facilitate reservation of adequate sites for schools, recreation areas, and other public facilities; to promote the conveyance of land by accurate legal description and to provide logical procedures for the achievement of this purpose; safeguard the public health, safety and general welfare; and to ensure development in conformance with the City master plan. In its interpretation and application, this chapter is intended to provide a common understanding and a sound and equitable working relationship between public and private interests so that both independent and mutual objectives can be achieved in the division of the land. (Ord. 834, 11-27-2018)

All terms defined in Nevada Revised Statutes chapter 278, to include Nevada Revised Statutes 278.010 through 278.0195, are incorporated herein by this reference unless the terms are otherwise defined in this chapter.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, unless their context clearly indicates that they are intended to have some other meaning.

Words used in the present tense include the future; the plural includes the singular; the word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision; and the words "used" or "occupied" shall be considered to be followed by the words "or intended, arranged, or designed to be used or occupied".

   AGREEMENT TO INSTALL IMPROVEMENTS: An agreement that satisfies the requirements of section 3-3-21 of this chapter and other applicable provisions of this chapter, typically requiring a subdivider to install public improvements, dedicate rights-of- way and perform other acts for the benefit and protection of the City and the public in relation to a subdivision.

   ALLEY: A passage or way, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for the general traffic circulation.

   BLOCK: A piece or parcel of land, or group of lots, entirely surrounded by natural or artificial barriers, such as public rights-of-way, streams or watercourses, railroads, parks, or a combination thereof.

   BUILDING: Any structure, regardless of whether it is affixed to real property that is used or intended for supporting or sheltering any human use or occupancy.

   BUILDING LINE: A line demarcating the area between a building or other structure and the street right-of-way line beyond which no building or structure or portion thereof shall be erected, constructed, or otherwise established.

   CITY COUNCIL: The City Council of the City of Elko.

   CODE: The Elko City Code.

   COMMISSION: The City of Elko Planning Commission.

   COMMUNICATION LINES: Conduit, cables, fiber and/or other apparatus for the distribution and provision of telecommunications and/or broadband communications.

   COMMUNICATION SERVICE LINES: Communication lines.

   CONDITIONAL APPROVAL: A decision by the Planning Commission or City Council to approve a tentative map, provided certain specified conditions are satisfied.

   CONSTRUCTION PLANS: Plans, profiles, cross-sections and other drawings showing required details for the construction of subdivision improvements, prepared in conjunction with the final map, and submitted by a properly licensed engineer in compliance with standards of design and construction approved by the City.

   CUL-DE-SAC: A street opening at one end and having a turnaround at the other end.

   DEDICATION: The deliberate appropriation of land by its owner for any general or public use, reserving unto himself no other right than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been appropriated.

   DENSITY: A number, represented in units of lots per acre, calculated by dividing the number of lots in the subdivision by the total acreage of the subdivision.

   DEVELOPER: A real property owner who divides land into two (2) or more parcels for transfer or development.

   DEVELOPMENT MASTER PLAN: A comprehensive long-term strategic planning document for a subdivision prepared in accordance with section 3-3-4 of this chapter.

   EASEMENT: An interest in land that confers a right of use for a special purpose.

   ENGINEER'S ESTIMATE: An estimate of the total cost of public improvements prepared by the subdivider's engineer and provided to the City.

   EXCEPTION: Any parcel of land that is located within the exterior boundaries of a subdivision but which is not included in the tentative or final map.

   FINAL MAP: A map prepared in accordance with the provisions of Nevada Revised Statutes 278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725 or 278.4955 and any applicable provisions of this Code, which, after approval and certification by the City, is recorded with the Office of the Elko County Recorder.

   FINAL MAP APPROVAL: Final or conditional authorization by the City Council to obtain final map certification; provided, all applicable requirements of this chapter, to include sections 3-3-21 and 3-3-22 of this chapter, must be satisfied prior to final map certification; further provided, if final map approval is conditional, all conditions imposed by the City Council in conjunction with the approval must by satisfied prior to final map certification.

   FINAL MAP CERTIFICATION: Unconditional approval of the final map by the City Council as evidenced by certification on the map by the Mayor of the City of Elko. Final map certification constitutes authorization to record the map with the Elko County Recorder.

   FULL FRONTAGE: All lot lines of any lot, parcel or tract of property adjacent to a road, street, alley or right-of-way, to include lots, parcels or tracts containing multiple borders or edges, such as corner lots.

   GRADING: The removal of the vegetative cover from the surface of any land, and is a result of activity associated with new construction.

   LED: Light-emitting diode.

   LOT: A distinct part or parcel of land which has been divided, including the following:

   A.   Corner Lot: A lot abutting on two (2) or more intersecting streets.

   B.   Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets.

   C.   Interior Lot: A lot having but one side abutting on a street.

   D.   Key Lot: An interior lot, one side of which is contiguous to the rear line of a lot.

   LOT DEPTH: The shortest distance, measured on a line parallel to the axis of the lot, between points on the front and rear lot lines.

   LOT LINE: A line bounding a lot, including the following types of lot lines:

   A.   Front Lot Line: The lot line coinciding with the street line; or, in the case of a corner lot, the shorter of two (2) lot lines coinciding with street lines; or, in the case of a double frontage lot, both lot lines coinciding with street lines.

   B.   Rear Lot Line: The lot line opposite and farthest from the front lot line; for a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten feet (10') long and wholly within the lot.

   C.   Side Lot Line: Any lot line other than a front or rear lot line; in the case of a corner lot, the lot line abutting the side street is designated as the exterior side lot line; all other side lot lines are designated as interior side lot lines.

   LOT WIDTH: A. In the case of a rectangular lot or a lot abutting on the outside of a street curve, the distance between side lot lines measured parallel to the street or to the street chord and measured on the street chord.

   B.   In the case of a lot abutting on the inside of a street curve, the distance between the side lot lines measured parallel to the street or the street chord at the rear line of the dwelling, or, where there is no dwelling, thirty feet (30') behind the minimum front setback line.

   MASTER PLAN: A comprehensive, long-term general plan for the physical development of the City prepared in accordance with Nevada Revised Statutes 278.150, et seq.

   OWNER: Any person who holds title to land or who is contractually obligated to purchase land.

   PARCEL MAP: A map required for the division of land for transfer or development into four (4) lots or less in the manner set forth in Nevada Revised Statutes 278.461, 278.462, 278.463, 278.464 or 278.466, and this Code.

   PEDESTRIANWAY: A public or private walk through a block from street to street or from a street to a school, park, recreation area or other public facility.

   PERFORMANCE AGREEMENT: An agreement to install improvements.

   PERFORMANCE GUARANTY: The financial security required to guarantee the construction of public improvements and other matters as set forth in section 3-3-22 of this chapter.

   PERSON: A natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency or political subdivision of a government.

   PUBLIC IMPROVEMENT: Street work, utilities and other improvements to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.

   PUBLIC IMPROVEMENT STANDARDS: A set of standards adopted by the City Council regulating the design and construction of public improvements. These standards are contained in the latest edition of the "Standard Specifications for Public Works Construction" also known as the "Orange Book", which is distributed to the cities and counties of northern Nevada by the Regional Transportation Commission of Washoe County.

   PUBLIC UTILITIES: Underground, aboveground or overhead facilities furnishing to the public, electricity, gas, steam, communications, water, drainage, sewage disposal, flood control, irrigation or refuse disposal, owned and operated by any person, firm, corporation, Municipal department or board duly authorized by State or Municipal regulations. The term "public utilities", as used herein, may also refer to such persons, firms, corporations, departments or boards, as the context indicates.

   REQUIRED IMPROVEMENTS: Enhancements to land to make the land more usable for public and/or private purposes, as more specifically set forth in section 3-3-20 of this chapter.

   RIGHTS-OF-WAY: All public and private rights-of-way and all areas required for public use in accordance with any master plan or parts thereof.

   SETBACK LINE: Building line.

   STREET: Any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access; or, a street shown in a map heretofore approved pursuant to law; or, a street in a map duly filed and recorded in the County Recorder's Office. A street includes all land within the street right-of-way, whether improved or unimproved, and includes such improvements as pavement, shoulder, curbs, gutters, sidewalks, parking space, bridges, viaducts, lawns and trees. For purposes of this chapter, the following definitions apply to specific types of streets:

Alley: A public way providing secondary vehicular access and service to properties which also abut a street.

Arterial And Minor Arterial Streets: A general term describing large major streets, including freeways, expressways and interstate roadways, and State and/or County highways having City and regional continuity.

Collector Residential And Local Residential Streets: City streets serving the primary function of providing access to abutting property:

   A.   Cul-De-Sac Street: A short collector residential and local residential street having one end permanently terminating in and including a vehicular turning area.

   B.   Marginal Access Street: A collector residential and local residential street parallel to and abutting an arterial street which provides access to abutting property, intercepts other collector residential and local residential streets, and controls access to the arterial street.

Collector Street: A street generally with limited continuity serving the primary function of moving traffic between arterial streets and local residential streets, and the secondary function of providing access to abutting properties.

   STREET LINE: A line demarcating the limits of a street right-of- way.

   STREET, PRIVATE: A nondedicated, privately owned right-of-way or limited public way that affords the principal means of emergency and limited vehicular access and connection to and from the public street system to properties created through the division of land.

   STREET, PUBLIC: A dedicated public right-of-way that is part of the public street system and which affords the principal means of emergency and general vehicular access to abutting property.

   SUBDIVIDER: A developer who commences or is engaged in the process required by Nevada Revised Statutes chapter 278 and this chapter for dividing land into parcels or creating a subdivision.

   SUBDIVIDER'S ENGINEER: A professional engineer, properly licensed by the State of Nevada and retained, contracted or employed by the subdivider for the purpose of satisfying the requirements of section 3-3-21 of this chapter, and to oversee and certify the subdivision in the manner required by this chapter.

   SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided into five (5) or more lots, parcels, sites, units or plots, for the purpose of any transfer or development, or any proposed transfer or development, unless exempted by Nevada Revised Statutes 278.320 or any other applicable statute.

   SUBDIVISION IMPROVEMENT: An improvement to land that a subdivider is required to construct and complete at its own expense, pursuant to the requirements of this chapter and an agreement to install improvements.

   SUBDIVISION REVIEW COMMITTEE: A committee consisting of representatives of the City Manager's Office, the City Engineering Department, the City Utility Department, the City Planning Department, the City Development Department, the City Public Works Department, the City Fire Department, and the Planning Commission Chair or Vice Chair.

   TENTATIVE MAP: A map made to show the design of a proposed subdivision and the existing conditions in and around it.

   TENTATIVE MAP APPROVAL: Approval of a tentative map by the City Council. Tentative map approval constitutes authorization to proceed with preparation of construction plans and the final map.

   TRACT: An area of land proposed to be divided pursuant to this chapter.

   TRANSPORTATION COMPONENT OF THE MASTER PLAN: A plan adopted by the Planning Commission and City Council which provides for development of a system of major streets and highways. (Ord. 834, 11-27-2018)

Any person who divides or proposes to divide land into five (5) or more lots, parcels, sites, units or plots, for the purpose of any transfer or development, or any proposed transfer or development, unless exempted under chapter 278 of the Nevada Revised Statutes or this Code, must follow the three-stage approval process outlined in this chapter. These stages, among other things, set forth specific requirements pertaining to the preparation, submission and review of, and official action on, maps and other documents.

These stages are as follows:

   A.   Stage I - Preapplication Stage: During stage I, the subdivider provides preliminary information about the proposed subdivision to the City, some of which is provided to City staff in a conference held to discuss land use, street and lot arrangement, lot sizes, buildable lot areas, conformity with the master plan, easements, the provision of utilities, storm drainage, street improvements and other issues pertinent to the proposed development.

   B.   Stage II - Tentative Map Stage: Stage II includes preparation, submission, revision, and Planning Commission and City Council action on the tentative map. During this stage, the City will review the tentative map submittal to ensure that it conforms to all applicable requirements. At the conclusion of this stage, the City Council determines whether to approve, conditionally approve or disapprove the tentative map. The City uses the tentative map submittal to evaluate the subdivision. Approval of the tentative map permits the subdivider to proceed with stage III, but does not authorize the subdivider to commence construction activities.

   C.   Stage III - Final Map Stage: Stage III includes the final design and engineering of the subdivision, official action on the construction plans, and official action on the final map. During this stage, except as otherwise permitted in this chapter, the subdivider must post security for completion and maintenance of public improvements, and the subdivider and the City must enter into a performance agreement. (Ord. 834, 11-27-2018)

   A.   Overview And General Requirements: The preapplication stage of subdivision planning (stage I) includes an investigatory period that takes place prior to submittal of the tentative map by the subdivider. During this stage, the subdivider must meet with the City to discuss and provide general information about the proposed subdivision, and the City will provide the subdivider with general information about City subdivision requirements. During this stage, the City will also determine whether a change in zoning will be required for the proposed subdivision. If the City determines that a zoning change is required for the proposed subdivision, the subdivider must initiate the necessary application for a change of zoning district boundaries. This process must be commenced prior to the submission of the tentative map (stage II). In addition, during stage I the subdivider and the City shall satisfy the following requirements:

      1.   Conference: During stage I, the subdivider shall schedule and attend a conference with the Subdivision Review Committee for the purpose of discussing the proposed subdivision. At least five (5) business days prior to the conference, the subdivider shall provide the City with plans, sketches and other documentation showing proposed land uses, street and lot configuration, proposed lot sizes and the proposed density of the development. At the meeting, the subdivider and/or his/her authorized representative shall present the Subdivision Review Committee with tentative proposals regarding water supply, sewage disposal, storm drainage, street improvements and any potential changes to zoning district boundaries.

      2.   General Information Provided: During the conference with the Subdivision Review Committee, the City will provide general information to the subdivider regarding the requirements of this chapter, to include required procedures, design and improvement standards, and tentative and final map requirements, together with the following:

         a.   Check existing zoning of the location of the proposed subdivision and of abutting properties, and determine whether a change of zoning district boundaries is necessary or desirable.

         b.   Determine conformance of the proposed subdivision to the land use component of the Master Plan.

         c.   Examine the adequacy of parks and other public facilities.

         d.   Determine the relationship of the site to major streets, utility systems and adjacent land uses, and determine whether there are any potential problems related to topography, utilities, drainage or flooding.

         e.   Determine Fire Department access and suppression requirements.

         f.   Determine whether a Development Master Plan must be approved by the City prior to consideration of a tentative map.

   B.   Development Master Plan: The Planning Commission may, in its discretion, determine that the proposed subdivision has certain characteristics that necessitate the preparation of a Development Master Plan. These characteristics may include size, impact on neighborhoods, density, topography, utilities, and/or existing and potential future land uses. If a Development Master Plan is required, it must be submitted to the Planning Commission for review and possible approval at least twenty one (21) days prior to the Planning Commission meeting at which the Development Master Plan will be reviewed.

      1.   Preparation: The Development Master Plan shall be prepared on a sheet twenty four inches by thirty six inches (24" x 36"), shall be accurate in accordance with industry standards, and shall clearly indicate:

         a.   General street patterns, with particular attention to the location and general alignment of collector streets and to the maximization of convenient circulation throughout the neighborhood.

         b.   General locations and sizes of schools, parks and other public facility sites.

         c.   Locations of shopping centers, multi-family residential units and other proposed land uses.

         d.   Methods proposed for sewage disposal, water supply and storm drainage.

      2.   Approval: A tentative map must be consistent with a Development Master Plan that encompasses its territorial limits. The Development Master Plan shall establish the general approach to the subdivision design in the tentative map. Accordingly, the subdivision must be compatible with and not frustrate the goals and policies set forth in the approved Master Plan. If development of a subdivision is proposed to take place in several stages, the Development Master Plan shall be submitted as supporting data for each tentative map. The Development Master Plan shall be kept up to date by the subdivider as modifications occur or become necessary. (Ord. 834, 11-27-2018)

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)

   A.   Form And Scale: The tentative map must be graphically depicted on one or more plan sheets with supporting data either placed directly on the tentative map or attached to the tentative map in drawings, spreadsheets or other documents that comply with the requirements of this chapter and are consistent with industry standards. All maps accompanying the tentative map shall be drawn to the same standard engineering scale; provided, the scale shall not be more than one hundred feet (100') to one inch (1"). Whenever practicable, the plan scale shall result in an overall sheet measuring twenty four inches by thirty six inches (24" x 36").

   B.   Identification Data: The tentative map shall contain the following information:

      1.   Proposed subdivision name, location and section, township and range, with reference by dimension and bearing to a section corner or quarter-section corner.

      2.   Name, address, telephone number and email address of subdivider(s).

      3.   Name, address, telephone number, email address and Nevada State Board of Professional Engineers and Land Surveyors license number for each professional engineer or land surveyor who prepared the tentative map.

      4.   Scale.

      5.   North point.

      6.   Date of initial preparation and dates of any subsequent revisions.

      7.   A small scale location map showing the relationship of the tract to existing community facilities which serve or influence it, including: arterial streets, railroads, shopping centers, parks and playgrounds, and churches.

      8.   Legal description defining the boundaries of the proposed subdivision.

   C.   Physical Conditions: The tentative map shall contain the following information about existing physical conditions:

      1.   Topography shown with contours at intervals of no more than two feet (2') and corresponding to the coordinate system maintained by the City. Topographic information shall be adequate to show the character and drainage of the land.

      2.   Location of water wells, streams, private ditches, washes and other water features, including direction of flow, and the location and extent of areas subject to frequent periodic or occasional inundation.

      3.   The location of flood zones designated by the Federal Emergency Management Agency (FEMA) and/or any special flood hazard areas.

      4.   Within or adjacent to the proposed subdivision, the locations, widths and names of all streets, railroads, utility rights-of-way of public record, public areas, permanent structures that will remain after development of the subdivision, and Municipal corporate boundaries.

      5.   Dimensions of all subdivision boundaries.

      6.   Gross and net acreage of the subdivision.

   D.   Recorded Map Information: The tentative map shall indicate the title or description, book and page number(s) of each recorded map for property adjacent to the proposed subdivision, to include property adjacent to boundary roads, streets and rights-of-way.

   E.   Existing Zoning: The tentative map shall indicate the existing zoning classification of the proposed subdivision and adjacent properties.

   F.   Proposed Improvements And Other Features: The tentative map shall show the following planned improvements and other features within and, where indicated, adjacent to the subdivision:

      1.   Street layout, including location and width of each street, right-of-way, alley, sidewalk, pedestrianway and easement, together with access routes to adjacent existing subdivisions (including routes through parcels that are not subdivided), the proposed names of all streets, and the approximate grades of all rights-of-way.

      2.   Lot layout with consecutively numbered lots, indicating the dimensions and area of each lot, and the total number of lots.

      3.   Location, width and proposed use of easements.

      4.   Location, extent and proposed use of all land to be dedicated or reserved for public use, including school sites or parks.

      5.   Locations and boundaries of all proposed zoning districts.

   G.   Proposed Deed Restrictions: All proposed deed restrictions shall be indicated on or appended to the tentative map.

   H.   Preliminary Grading Plan: The subdivider shall provide to the City a preliminary grading plan indicating areas proposed for cut-and-fill, the type and estimated quantity of material to be graded, the estimated finished grades (which must be adequate to establish the general grading trend), the proposed methods of erosion control, and the general location of and specifications for any manufactured (cut or fill) slopes.

   I.   NPDES Permit Compliance: The subdivider shall comply with all applicable provisions of the City's National Pollutant Discharge Elimination System (NPDES) general permit for discharges from small Municipal separate storm sewer systems, permit no. NV040000.

   J.   Utility Methods And Requirements:

      1.   Sewage Disposal: The subdivider shall provide the City with a proposed design for sewage disposal that connects to the City sewer system.

      2.   Water Supply: The subdivider shall provide the City with information sufficient to demonstrate adequate volume and quality of water from the City water system.

      3.   Storm Drainage: The subdivider shall provide the City with preliminary drainage calculations and a proposed layout of the storm drainage system, including the locations of outlets. The proposed storm drainage system shall comply with the City's NPDES permit requirements, this Code and all applicable Federal and State laws and regulations.

      4.   Communication, Electrical And Natural Gas Lines: The subdivider shall provide the City with a proposed layout for the locations of communication lines, electrical lines and natural gas lines.

      5.   Traffic Impact Study: The City may, in its discretion, require a traffic impact study if it determines that additional traffic in the area due to the subdivision may exceed existing roadway capacities, warrant traffic signal improvements, warrant the construction of additional travel lanes or impact State highways. (Ord. 834, 11-27-2018)

   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)

The final map submittal shall contain the following information and comply with the following requirements and standards:

   A.   Form And Content: The final map, including affidavits, certificates and acknowledgments, shall be clearly and legibly drawn with black, waterproof India ink upon Mylar of good quality. Each sheet shall be twenty four inches by thirty two inches (24" x 32") in size. A marginal line shall be drawn completely around each sheet showing an entirely blank margin of one inch (1") at the bottom, top and right edges, and two inches (2") on the left edge on the twenty four inch (24") dimension. The scale of the map shall be not less than one inch to one hundred feet (1" = 100'). The sheet number and the total number of sheets comprising the map shall be so stated on each sheet, and the sheet number in relation to each adjoining sheet shall be clearly shown. The title sheet shall state the location of the property being subdivided with references to maps which have been previously recorded or by referring to the National Coordinate System or a comparable and generally recognized method of mapping managed and maintained by the National Geodetic Survey or other Federal agency. Copies of the final map shall be reproduced in blue line or black line prints on a white background.

   B.   Identification Data And Other Information: The final map shall contain the following identifying and other information:

      1.   Name of subdivision and location by section, township, range and County.

      2.   Name, address and license number of the professional land surveyor, licensed in the State of Nevada, who prepared the final map.

      3.   Scale, north point and date of map preparation.

   C.   Survey Data: The final map shall contain the following survey information:

      1.   Boundaries of the tract fully balanced and closed, showing all bearings and distances, determined by an accurate survey in the field, with all dimensions expressed in feet and decimals thereof.

      2.   Any exceptions within the map boundaries located by bearings and distances expressed in feet and decimals thereof, determined by an accurate survey in the field.

      3.   Location and description of cardinal points to which all dimensions, angles, bearings and similar data on the map are referenced, and a subdivision traverse tied by course and distance to a section corner or quarter-section corner.

      4.   Location and description of all physical encroachments upon the boundaries of the tract.

   D.   Descriptive Data: The final map shall contain the following descriptions:

      1.   Names (where applicable); right-of-way lines; courses, lengths and widths of all streets, alleys, pedestrianways and utility easements; radii, points of tangency and central angles of all curvilinear streets and alleys; and radii of all rounded street line intersections.

      2.   All drainageways, which shall be designated as such.

      3.   All utility and public service easements, including designation of whether for public access or utilities.

      4.   Locations and dimensions of all lots, parcels and exceptions.

      5.   All residential lots numbered consecutively throughout blocks.

      6.   Locations, dimensions, bearings, radii, arcs, and central angles of boundaries of all sites to be dedicated to the public, including each designation of proposed use.

      7.   Location of all adjoining subdivisions with name, date, and book and page number of recordation noted, or if unrecorded, so noted, along with the names of adjoining landowners of unsubdivided property.

      8.   Any private deed restrictions to be imposed upon the final map, or any part hereof, written on or attached to the map and each copy thereof.

   E.   Dedication And Acknowledgment: The final map shall contain the following information regarding dedications:

      1.   Statement of dedication of all streets, alleys, sidewalks, pedestrianways, and easements for public purposes by the person holding title of record, by persons holding title as vendees under land contract, and by spouses of such persons. If lands to be dedicated are mortgaged, the mortgagee shall also sign the map. Dedication shall include a written description by section, township and range of the tract. If the map contains private streets, public utilities shall be deemed to have reserved the right to install and maintain utilities in such street rights-of- way.

      2.   Execution of a dedication acknowledged and certified by a notary public.

   F.   Additional Information: The final map shall contain the following additional information:

      1.   Where the centerline has been established for any street, highway, alley or public way within an adjoining subdivision, all monuments along the portion of the street, highway, alley or public way within the proposed subdivision shall be located with reference to the foregoing centerline, which centerline and monuments shall be shown on the final map.

      2.   The centerline of each highway, street, alley or way within the proposed subdivision and width on each side of the centerline, showing the width to be dedicated. All centerlines shall be shown with the corresponding bearing and length of each radius, the central angle and the length of each curve within the proposed subdivision.

      3.   The location of monuments or other evidence formed upon the ground and used in determining the boundaries of the subdivision. If other subdivisions adjoin the tract, the map shall show corners of such adjoining subdivisions sufficiently identified in such a manner as to locate precisely the limits of the proposed subdivision.

      4.   The length and bearing of each block line, lot line and boundary line; the length, radius and central angle of each curve or the length of curve and that portion of the central angle lying within each lot. The foregoing data shall be shown in a manner satisfactory to the City.

      5.   Each City boundary line crossing or adjoining the subdivision with adequate ties to monuments set or found within the subdivision.

      6.   Section lines, one-quarter (1/4) section lines and one- sixteenth (1/16) section lines crossing or adjoining the subdivision boundaries.

   G.   City To Check: The City will independently review and check the following information in the final map submittal:

      1.   The City shall check the final map for accuracy of dimensions, the placing of monuments, the existence of survey records referenced on the final map, and the conformance of the final map to the tentative map. The final map shall be accompanied by:

         a.   A worksheet showing the closure of the exterior boundaries of the proposed subdivision and of the closure of lots and blocks therein;

         b.   A complete set of construction plans showing site grading, lot grading, street sections, centerline and curb grades, water infrastructure, water meters, sanitary sewer and storm drain locations and invert grades and elevations, street lighting, and other private or public improvements required by the City. The construction drawings must be stamped and dated by a licensed professional engineer, qualified to practice the discipline of civil engineering, and so registered in the State of Nevada;

         c.   Construction plans for manholes, catch basins and other appurtenant structures; and

         d.   An engineer's estimate of quantities and costs required to complete the improvements. Labor costs shall be based on prevailing wages in accordance with the requirements of Nevada Revised Statutes chapter 338 and local rates. The City will check the engineer's estimate and shall thereupon approve or disapprove the estimate based upon its accuracy. Upon approval by the City, the engineer's estimate shall provide the basis for the calculating of the performance guaranty required under section 3-3-22 of this chapter.

      2.   The City will check the final map to determine whether it satisfies the minimum allowable error of closure of one per ten thousand (1/10,000).

   H.   Required Certifications: The following certifications shall appear on the final map:

      1.   A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the final map. A lien for State, County, Municipal or local taxes and for special assessments or beneficial interest under deeds of trust, or trust interests under bond indentures shall not be deemed to be an interest in land for the purpose of this section.

      2.   A certificate, signed and acknowledged as above, offering for dedication for certain specified public uses (subject to such reservations as may be contained in any such offer of dedication) those certain parcels of land which the parties desire so to dedicate. The certificate may state that any certain parcel or parcels are not offered for dedication; but a local ordinance may require as a condition precedent to the approval of any final map that any or all of the parcels of land shown thereon and intended for any public use shall be offered for dedication for public use, except those parcels other than streets intended for the exclusive use of the lot owners in such subdivision, and for the use of their licensees, visitors, tenants and servants.

      3.   A certificate for execution by the Clerk of each approving Governing Body stating that the body approved the map and accepted or rejected on behalf of the public any parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.

      4.   A certificate signed and acknowledged by all parties having any record title in the land subdivided, evidencing their grant of permanent easements for utility installations and access, as designated on the final map, together with 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 parcels.

      5.   A certificate by the licensed professional land surveyor responsible for the survey and final map, which certificate must be in the following form:

         SURVEYOR'S CERTIFICATE

      6.   A certificate by the appropriate City official stating that he or she has examined the final map, that the subdivision as shown thereon is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all applicable provisions of Nevada Revised Statutes chapter 278, inclusive, and of any requirements of this Code applicable at the time of approval of the tentative map have been complied with, that he or she is satisfied that the final map is technically correct and that the monuments as shown are of the character and occupy the positions indicated or that the monuments have not been set and that a proper performance guaranty has been deposited guaranteeing their setting on or before a day certain. The foregoing certificate shall be dated, signed and certified by a licensed professional land surveyor or a licensed professional engineer qualified by the State of Nevada to practice the discipline of civil engineering.

      7.   A certificate by the Division of Environmental Protection of the State Department of Conservation and Natural Resources stating as follows:

      8.   A copy of the review by the Division of Environmental Protection of the State Department of Conservation and Natural Resources required by subsection H7 of this section shall be furnished to the subdivider who, in turn, shall provide a copy of such review to each purchaser of land prior to the time the sale is completed. No statement of approval or review as required in subsection H7 of this section shall be deemed a warranty or representation by the City in favor of any person as to the safety or quantity of such water.

      9.   A certificate by the Division of Water Resources of the State Department of Conservation and Natural Resources as follows:

      10.   The City Council shall not approve any final map for a subdivision served by the City Municipal water system unless the subdivider has submitted plans which provide for the installation of water meters or other devices which will measure the quantity of water delivered to each water user in the subdivision. (Ord. 834, 11-27-2018)

   A.   Conformance With Master Plan And Other Requirements: Every subdivision shall conform to the requirements and objectives of the City master plan, this title, and all other applicable ordinances and regulations of the City, together with all other applicable planning documents or plans approved or adopted by the City Council (to include, without limitation, the Airport Master Plan, Wellhead Protection Plan, Development Feasibility, Land Use, Water Infrastructure, Sanitary Sewer Infrastructure and Annexation Report) and together with the statutes and regulations of the State of Nevada, except as otherwise provided in this chapter.

   B.   Provision Of Public Facility Sites: Whenever the Statutes of the State permit the dedication of school sites or parks, the City Council may require the subdivider to dedicate such sites.

   C.   Land Unsuitability: No land shall be subdivided which is determined by the Planning Commission to be unsuitable for use by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, extreme topography, erosion susceptibility or similar conditions which are likely to prove harmful to the health, safety and general welfare of the community or the future property owners. The Planning Commission, in applying the provisions of this section, shall state the particular facts upon which its conclusions are based, and shall also define any conditions under which the land may, in its opinion, become suitable for the proposed development. Land located within any floodway as designated on the City flood insurance rate maps shall be deemed unsuitable for development. Any subdivider proposing development of land that is deemed unsuitable for development shall have the right to present evidence to the City Council contesting such determination of unsuitability, whereupon the City Council may affirm, modify or withdraw the restriction. (Ord. 834, 11-27-2018)

   A.   Conformance With Plan: Whenever a tract to be subdivided embraces part of a street designated in a street and highway plan adopted by the City, such street shall be mapped in conformance therewith.

   B.   Layout: Street layout shall provide for the continuation of such streets as necessary to provide traffic and pedestrian access throughout the community and as the Planning Commission may designate.

   C.   Extensions: Certain proposed streets, as designated by the Planning Commission, shall be extended to the tract boundary to provide future connection with adjoining unmapped lands. Such extensions shall generally not be farther apart than the maximum permitted length of a block, as hereinafter provided.

   D.   Arrangement Of Residential Streets: Residential streets shall be so arranged as to discourage their use by traffic originating outside the immediate neighborhood.

   E.   Protection Of Residential Properties: Lots intended for single-family residential use shall not front or have access from arterial streets, except as otherwise permitted by the City due to site-specific conditions. Where a proposed subdivision abuts an existing or proposed arterial street, the Planning Commission may require marginal access streets or reverse property frontage with nonaccess easements abutting the arterial street, or such other treatment as may be justified for protection of residential properties from the nuisance and hazard of high volume traffic, and for protection of the traffic function of the arterial street.

   F.   Parallel Streets: Where a residential subdivision abuts the right-of-way of a railroad, a limited access highway, or a commercial or industrial land use, the Planning Commission may require the design and construction of a street approximately parallel to such right-of-way or use at a location and configured in such a manner as to take into account approach grades, drainage, bridges and future grade separation.

   G.   Topography: Streets shall be so arranged in relation to topography as to produce desirable lots, provide for maximum utility and streets of reasonable gradient, and facilitate adequate surface drainage.

   H.   Alleys: Alleys, if any, shall be aligned and arranged in a manner that minimizes backtracking and single-tier service by trash collection forces, and that avoids the facing of residences directly into alley openings.

   I.   Half-Streets: Half-streets are prohibited unless approved by the Planning Commission where necessary to provide a right-of-way in the manner indicated on the official street and highway plan, to complete a street pattern already begun, or to ensure reasonable development of an adjoining unmapped parcel. Where a mapped half-street exists in a location abutting to residential lots, the remaining half-street shall be mapped within the subdivision.

   J.   Dead End Streets: Dead end streets in excess of six hundred eighty feet (680') in length are prohibited unless a modification is granted by the Planning Commission in locations necessary for future street connection to adjacent unmapped lands. This foregoing qualified prohibition shall also apply to cul-de-sacs.

   K.   Intersection Design: Whenever any proposed street or highway requires a separation of grades or any special form of intersection design at its intersection with any street, highway or railway, the subdivision shall be designed to conform to any plan adopted by the City for the intersection design and all lots within the subdivision shall, when necessary, be provided with suitable access from another public way. Any street or highway intersecting another street or highway shall intersect it at any angle as close to a right angle as is practicable. (Ord. 834, 11-27-2018)

   A.   Right-Of-Way Widths: Right-of-way widths for streets and roads are as follows:

      1.   Arterial streets: One hundred feet (100').

      2.   Minor arterial streets: Eighty feet (80').

      3.   Collector streets: Seventy feet (70').

      4.   Collector residential streets: Sixty feet (60').

      5.   Local residential streets: Fifty feet (50').

      6.   Collector rural residential streets: Seventy feet (70').

      7.   Local rural residential streets: Sixty feet (60').

   B.   Rural Roads: All rural roads shall conform to the following requirements and standards:

      1.   All infrastructure associated with a rural road shall be constructed at the time of road development; including but not limited to culvert installation and pedestrian way, sidewalk or pathway construction.

      2.   All rural roads shall include a minimum ten foot (10') wide public utility and slope easement located on one or both sides of the road right-of-way; provided, the City may, in its discretion, increase the required width of the foregoing easement if warranted under the circumstances.

      3.   Rural roads which are projected through a traffic study or similar analysis to serve more than six hundred (600) average daily vehicle trips shall satisfy the collector rural residential street design standard.

      4.   Pedestrian ways, sidewalks or pathways associated with rural roads shall be constructed of concrete or asphalt. Sidewalks or pathways shall be constructed on both sides of the road and outside of the public utility and slope easement(s).

      5.   On-street parking on rural roads, except for temporary or emergency parking, is prohibited, and the subdivider shall install appropriate signage to notify the public of this prohibition.

      6.   To minimize excessive culvert installation and associated maintenance, access approaches for rural roads shall be limited to either: a) one driveway, not to exceed thirty feet (30') in width or b) two (2) separated driveways, each of which shall not exceed twenty feet (20') in width. Culvert installation is required at the time of roadway construction and, without limitation, shall not be deferred.

      7.   Rural roads are prohibited in subdivisions not meeting the criteria set forth in subsection 3-2-5A5b of this title.

      8.   Rural roads are prohibited in areas within capture zones as delineated in the City's Wellhead Protection Plan.

      9.   Maximum cul-de-sac length for rural roads may be increased in dimension to serve no more than twenty (20) residential dwelling units; provided, under no circumstance shall such cul-de-sacs exceed a length of one thousand three hundred sixty feet (1,360').

   C.   Private Streets: Private streets within a subdivision shall satisfy the requirements and standards applicable to streets with local street classifications, functions and characteristics. Private streets shall only serve an area contained entirely within the exterior boundaries of the subdivision and shall provide access to the public street system at an intersection, the design of which shall be subject to the review and approval by the City. All private streets shall conform to the following requirements and standards:

      1.   Minimum total width for private streets accessing five (5) or more lots: Fifty feet (50').

      2.   Minimum total width for private streets accessing four (4) or fewer lots: Thirty two feet (32').

      3.   Minimum paved section for private streets accessing five (5) or more lots: Forty feet (40').

      4.   Minimum paved section for private streets accessing four (4) or fewer lots: Twenty six feet (26').

      5.   All residential private streets accessing twenty (20) or fewer lots shall have a four foot (4') wide sidewalk on at least one side of the street.

      6.   All residential private streets accessing more than twenty (20) lots shall have four foot (4') wide sidewalks on both sides of the street.

      7.   All commercial and industrial private streets accessing four (4) or fewer lots shall have a five foot (5') wide sidewalk on at least one side of the street, or as otherwise determined as part of an approved concept development plan.

      8.   All commercial and industrial private streets accessing more than four (4) lots shall have five foot (5') wide sidewalks on both sides of the street, unless otherwise provided in a development plan entered into between the subdivider and the City.

      9.   All private streets shall provide for adequate storm drainage and employ the use of curb and gutter sections to convey runoff, the design of which shall be subject to the review and approval of the City.

      10.   Parking spaces, inclusive of back up areas as required by section 3-2-17 of this title, shall not be located within a private street, unless otherwise provided in a development plan entered into between the subdivider and the City.

      11.   All infrastructure associated with private streets shall be constructed at the time of street development.

   D.   Cul-De-Sacs: Cul-de-sac streets shall terminate in a circular right-of-way not less than fifty feet (50') in radius with an improved turning circle with a radius of at least forty five feet (45'). The Planning Commission may approve a functionally equivalent form of turning space if justified by unusual conditions. The maximum length of cul-de-sac streets, as measured along the centerline of the street and between the centerline of the intersecting street and the center point of the cul-de-sac, shall not exceed six hundred eighty feet (680').

   E.   Marginal Access Streets: Marginal access streets shall conform to all applicable requirements and standards set forth in this Code.

   F.   Alleys: Where permitted or required, alleys shall have a minimum width of twenty feet (20') and shall conform to the following requirements and standards:

      1.   Alley intersections and sharp changes in alignment should be avoided; provided, where such features are necessary, corners shall be cut off ten feet (10') on each side to permit safe vehicular movement.

      2.   Dead end alleys are prohibited.

      3.   "Half" alleys are prohibited.

   G.   Dead End Streets: Dead end streets are only permitted with the approval of the City, which approval, if given, may contain conditions applicable to the subsequent development of the street; provided, if a dead end street is approved by the City, the street shall include easements permitting the subsequent construction of a temporary turning circle with a fifty foot (50') radius or a functionally equivalent design.

   H.   All Streets: The design and construction of all streets within the City, including both public and private streets, shall conform to the public improvement standards set forth in section 3-3-17 of this chapter.

   I.   Model Code Standards: All streets shall conform to any model codes adopted by reference in this Code, to include the Fire Code.

   J.   Street Grades: Streets shall be designed and constructed subject to the following grade requirements and standards:

      1.   Maximum Grades:

         a.   Arterial and minor arterial streets: Maximum grades will be determined by the City based on site-specific conditions.

         b.   Collector streets: No more than seven percent (7%).

         c.   Collector residential and local residential streets: No more than nine percent (9%).

      2.   Minimum Grades: New asphalt streets with concrete gutters shall have a minimum longitudinal slope of 0.50 percent. Minimum grades for the rehabilitation of existing streets will be determined by the City based on site-specific conditions.

      3.   Exceptions: The Planning Commission may, in its discretion, grant an exception to the minimum and maximum grade requirements contained in this subsection if the cost to the subdivider substantially outweighs the public benefit.

   K.   Vertical Curves: Streets shall be designed and constructed subject to the following vertical curve requirements and standards:

      1.   Arterial And Minor Arterial Streets: Vertical curves standards for arterial and minor arterial streets will be determined by the City based on site-specific conditions.

      2.   Collector And Local Streets: Collector and local streets will be designed and constructed with minimum k values of 30 for crests and 40 for sag curves. Vertical curves are not required when the algebraic difference between the two (2) slopes is less than two percent (2%).

   L.   Horizontal Alignment: Streets shall be designed and constructed subject to the following horizontal alignment requirements and standards:

      1.   Horizontal alignment standards for arterial and minor arterial streets will be determined by the City based on site-specific conditions.

      2.   When tangent centerlines deflect from each other by more than ten degrees (10°) and less than ninety degrees (90°), they shall be connected by a curve having a minimum centerline radius of two hundred feet (200') for collector streets, or one hundred feet (100') for collector residential and local residential streets.

      3.   Between reverse curves, there shall be a tangent section of centerline not less than one hundred feet (100') long.

      4.   Streets shall intersect arterial streets at ninety degree (90°) angles. Intersecting collector streets, collector residential streets and local residential streets typically intersect at ninety degree (90°) angles, but in no case shall such an angle of intersection be less than seventy five degrees (75°).

      5.   Street jogs are prohibited unless the City grants an exception based on site-specific conditions.

      6.   Local residential streets or collector residential streets intersecting a collector street or arterial street shall have a tangent section of centerline at least one hundred fifty feet (150') in length measured from the right-of-way line of the more major street, except that no such tangent shall be required when the local residential or collector residential street curve has a centerline radius greater than four hundred feet (400') measured from a center located on the more major street right-of-way line.

      7.   Street intersections with more than four (4) legs and Y-type intersections with legs meeting at acute angles are prohibited.

      8.   Intersections of street lines shall be rounded by a circular arc having a minimum tangent length of fifteen feet (15'). (Ord. 834, 11-27-2018)

   A.   Maximum Length Of Blocks: Within the following maximums, blocks shall be as long as reasonably possible to achieve the greatest possible street economy, and to reduce the expense and increased safety hazard arising from excessive street intersections. Maximum block length, measured along the centerline of the street and between intersecting street centerlines, shall not exceed one thousand three hundred sixty feet (1,360').

   B.   Sidewalks Or Pedestrianways: Sidewalks or pedestrianways with a right-of-way width of eight feet (8') are required if the Planning Commission determines they are essential for pedestrian circulation within the subdivision or will enhance access to schools, playgrounds or other community facilities. Rights-of-way for sidewalks and pedestrianways may be used for utility purposes so long as those purposes do not unreasonably interfere with pedestrian traffic.

   C.   Hillside Areas: Subdivisions or portions of subdivisions with hillside areas must satisfy the applicable requirements set forth in section 3-2-28 of this title. (Ord. 834, 11-27-2018)

   A.   Lot Width, Depth And Area: Except as otherwise provided in this section, lot width, depth and area shall comply with all applicable zoning requirements, shall be appropriate for the location and character of the proposed subdivision, shall comply with the provisions of any development agreement entered into pursuant to section 3-2-26 of this title, and shall be appropriate for the type and extent of public improvements being installed. Notwithstanding the foregoing sentence, where steep topography, unusual soil conditions or drainage problems render the cost of complying with these requirements excessive in light of the benefit to the public, the Planning Commission may, in its discretion, permit a greater lot width, depth and/or area than is otherwise allowed for the zoning district or which would otherwise be required under this section.

   B.   Lot Depth And Width: Lot depths shall be at least one hundred feet (100') and widths at least sixty feet (60'); provided, the Planning Commission may, in its discretion, permit narrower lot widths on cul-de-sacs upon a showing of good cause by the subdivider.

   C.   Building Setback: Minimum building setbacks shall conform to all applicable requirements set forth in this Code.

   D.   Side Lot Lines: Side lot lines shall be at or near right angles or radial to street lines, unless the Planning Commission, in its discretion, permits a different alignment upon a showing of good cause by the subdivider.

   E.   Accessibility: Every lot shall abut a public street or private street that is connected to the public street system.

   F.   Prohibitions: Single-family residences are not permitted on double frontage lots, except that, subject to the approval of the Planning Commission for good cause shown, such lots may be permitted in locations abutting an arterial street so long as all dwellings front on local or collector streets and there is no access from the arterial street. (Ord. 834, 11-27-2018)

Utilities shall be placed underground unless the Planning Commission approves a modification to permit overhead utilities based on unique site conditions, in which event the Planning Commission may impose conditions on the modification.

The following easement requirements shall apply to all new subdivisions:

   A.   Utility Easements:

      1.   Where alleys are shown on a final map, utility easements four feet (4') wide on each side of each alley shall be dedicated for aerial overhang. Where alleys are not shown on the final map, utility easements six feet (6') wide on each side of rear lot lines shall be delineated on the final map and offered for dedication. In addition, guy and anchor easements one foot (1') wide on each side of a side lot line and thirty five feet (35') in length measured from the rear lot line, in locations selected by the City, or as required by the serving utility, shall be shown on the final map and dedicated.

      2.   Utility easements five feet (5') wide adjacent to each side of side lot lines, and where service to street lighting is required, one foot (1'), on each side of such lot lines, or as required by the serving utilities, shall be shown on the final map and dedicated.

   B.   Underground Utilities: Where all utilities are underground:

      1.   Rear Lot Lines: Where alleys are shown on the final map, corresponding easements required by the serving utilities shall be shown on the final map and dedicated. Where alleys are not shown on the final map, utility easements five feet (5') wide along each side of rear lot lines shall be shown on the final map and dedicated.

      2.   Side Lot Lines: Easements for utilities and lot drainage on all side lot lines shall be shown on the final map and dedicated. All utility service lines, including service lines for gas, electricity, telephone, communications, and street lighting shall be channeled in easements five feet (5') wide on each side of the lot line separating pairs of lots to the extent required by the serving utilities.

      3.   Street Rights-Of-Way: Easements for utilities and lot drainage on lot lines abutting street rights-of-ways shall be shown on the final map and dedicated. All such easements shall be a minimum of seven and one-half feet (71/2') wide.

   C.   Lots Facing Curvilinear Streets: For lots with fronts facing curvilinear streets and alleys, easements for overhead utilities shall consist of either:

      1.   A series of straight lines with points of deflection not less than one hundred twenty feet (120') apart, such points of deflection always occurring at the junction of side and rear lot lines on the side of the exterior angle; or

      2.   A curvilinear easement, provided the minimum radius of the centerline shall be not less than eight hundred feet (800').

   D.   Public Drainage Easement: Where a stream or major surface drainage course abuts or crosses the subdivision, the subdivider shall show on the final map and dedicate a public drainage easement sufficient to permit widening, deepening, relocating or protecting the drainage course. The subdivider's engineer shall provide the City with sufficient information about the drainage to evaluate the adequacy of the easement.

   E.   Easement Land Not Considered And Considered In Minimum Lot Area Calculation: Land within a public street or drainage easement, or land within a utility easement for major power transmission lines or pipelines, shall not be included in the calculation of the minimum required lot area. However, land included in utility easements to be used for distribution or service purposes within the subdivision, and land included in the five foot (5') wide and seven and one-half foot (71/2') wide drainage easements along lot lines and street rights-of-way, shall be included in the calculation of the minimum required lot area.

   F.   Lots Backing Onto Arterial Streets: Lots arranged to back of arterial streets, railroads, canals or Commercial or Industrial Districts, as provided in this chapter, shall have a minimum depth of one hundred ten feet (110'), the rear one foot (1') of which shall be recorded as a nonaccess private easement.

   G.   Water And Sewer Utility Lines: Municipal water and sewer utility lines shall be installed within the City street rights- of-way, unless otherwise approved by the Planning Commission and/or the City Council based on special circumstances. (Ord. 834, 11-27-2018)

At the tentative map stage (stage II), the subdivider shall propose names for all streets in the subdivision. A street name may be disapproved by the Planning Commission, in which event the subdivider must receive approval from the Planning Commission for a new street name. (Ord. 834, 11-27-2018)

   A.   Requirements: Street lighting shall be installed in a subdivision in accordance with the following requirements:

      1.   The subdivider shall install streetlights, shall make all necessary arrangements with the appropriate utility company for the installation of streetlights, and shall bear all costs relating to the purchase and placement of streetlights. Streetlights shall be installed by a properly licensed contractor possessing a valid City business license.

      2.   Street lighting plans are prepared by the utility company providing electricity to the subdivision. Once prepared, the subdivider shall submit the street lighting plans to the City for review. Street lighting plans must show the location of each streetlight, the corresponding power source and the size of luminaries measured in watts or lumens.

      3.   The City will not accept any public improvements or issue a certificate of occupancy for any part of a subdivision until all street lighting within each construction phase is complete and fully operational.

      4.   Requests for street lighting in previously developed areas must be approved by the City for location and installation prior to being submitted to the utility company for design engineering.

      5.   Once the street lighting has been installed and operational, approval by the City will constitute acceptance of the street lighting and the City will then be responsible for the energy costs and maintenance thereafter.

   B.   Design Standards: All streetlight installations shall be designed in accordance with the following minimum design standards:

      1.   All luminaries shall be LED luminaires with a minimum of one hundred watt (100 W) equivalent LED for residential areas and a minimum of two hundred watt (200 W) equivalent LED for commercial/industrial areas or approved equal.

      2.   A streetlight shall be placed at each street intersection and shall be situated to properly illuminate the intersection.

      3.   A streetlight shall be placed at each proposed U.S. Postal Service gang box location.

      4.   Streetlights shall be placed between intersections at midblock locations with a minimum spacing of three hundred fifty feet (350') and maximum of five hundred feet (500') between all lights.

      5.   A streetlight shall be placed at the end of each cul-de-sac. (Ord. 834, 11-27-2018)

The design, construction and financing of all public improvements, such as but not limited to, grading, sidewalks, curbs, streetlights, gutters, pavements, sanitary sewers, storm sewers, water mains, fire hydrants, drainage structures and monuments shall be the responsibility of the subdivider and shall conform to public improvement standards established by the City; provided, however, that the subdivider may satisfy such requirements by participating in an improvement district approved by the City. (Ord. 834, 11-27-2018)

The subdivider shall contract with or otherwise utilize a properly licensed professional engineer to prepare a complete set of construction plans for the construction of all required subdivision improvements. The construction plans shall include (unless otherwise waived if permitted under this chapter) all infrastructure necessary for the construction of the subdivision including, but not limited to: streets, curbs, gutters, sidewalks, drainage, water, wastewater and protection of important environmental features. The construction plans shall be based on, consistent with and prepared in conjunction with the final map. Construction plans shall not be prepared until stage III of the subdivision planning and approval process, and must be approved by the City and all State and Federal agencies with approval authority, prior to certification and recordation of the final map. (Ord. 834, 11-27-2018)

   A.   Inspections; Performance Agreement; Permits Required: The following requirements apply to improvements constructed in public rights-of-way:

      1.   All improvements constructed in public rights-of-way shall be subject to inspection by the City and must be approved by the City prior to certification and recordation of the final map.

      2.   Construction of improvements in public rights-of-way shall not commence until the subdivider has entered into a performance agreement with the City in accordance with sections 3-3-21 and 3-3-22 of this chapter.

      3.   Construction of improvements in public rights-of-way shall not commence until all Federal, State, and local approvals and permits have been issued for such construction.

   B.   Underground Utilities: All underground utilities to be placed in streets shall be constructed prior to the surfacing of such streets. Service stubs for underground utilities to be connected to lots shown on the final map shall be installed with sufficient length to avoid disturbing street improvements at the time service connections are made. (Ord. 834, 11-27-2018)

   A.   Streets And Alleys: All streets and alleys within the subdivision shall be graded, drained and surfaced to cross sections, grades, standards, and profile approved by the City. If there are existing streets adjacent to the subdivision, proposed streets within the subdivision shall be fully improved to the intercepting paving line of the existing streets. Temporary dead end streets serving more than four (4) lots shall be designed and constructed with a graded all-weather, temporary turning circle, subject to any additional requirements imposed by the City based upon site conditions. The subdivider shall construct adequate permanent culverts and bridges at all points within the subdivision where watercourses are crossed by streets or alleys. Culverts and bridges shall, without limitation, conform to all applicable requirements of this Code and be constructed to the full width of the dedicated street or alley.

   B.   Curbs: Curbs shall be constructed of Portland cement concrete. The construction of curbs, gutters and valley gutters shall be subject to any additional standards required by the City, which standards may be imposed based on site conditions.

   C.   Sidewalks: Sidewalks shall be four feet (4') wide in all locations adjacent to residential or local streets, and five feet (5') wide in all locations adjacent to streets classified as collector, minor arterial, arterial, or major arterial. Sidewalks shall be constructed on both sides of all streets unless the requirement is waived pursuant to a specific provision of this Code permitting such a waiver.

   D.   Pedestrianways: Pedestrianways shall be constructed of Portland cement concrete or asphalt. All pedestrianways shall be constructed to a width, line and grade approved by the City based on site conditions.

   E.   Street Name Signs: The subdivider shall install street name signs at all street intersections before the time the street pavement is ready for use. Design, construction, location and installation of street name signs shall conform to all applicable standards adopted by the City.

   F.   Stormwater Drainage: The design and construction of public streets and alleys, and the grading of private properties, shall provide for adequate disposal of stormwater. Existing major drainage courses shall be maintained and dedicated as public drainageways. The type, extent, location and capacity of drainage facilities shall be designed by the subdivider's engineer and approved by the City. The subdivider shall install stormwater drainage facilities to the grade, in the locations, to the depths and of the materials shown on plans and specifications approved by the City. Storm and surface water drain pipes and mains, together with catch basins, shall be designed and constructed to provide discharge in a manner and at a place approved by the City. The design and construction of stormwater drainage facilities shall conform to all applicable requirements of this Code, to include the requirements of title 9, chapter 8, "Postconstruction Runoff Control And Water Quality Management", of this Code.

   G.   Sanitary Sewerage:

      1.   The subdivider shall install public sanitary sewers in the subdivision. Sanitary sewers shall be connected to a public sewer system. Sewers, connections and related apparatus shall be constructed in accordance with plans, profiles, and specifications approved by the Nevada Division of Environmental Protection and the City, and in accordance with approved City standards and State of Nevada requirements. The subdivider shall install sanitary sewers to the grade, in the locations, to the depth and of the material shown on plans and specifications approved by the City. The subdivider shall connect each lot in the subdivision to sanitary sewer mains at locations specified by the City.

      2.   The subdivider shall install manholes in conjunction with the installation of sanitary sewer mains at the points, in the manner and according to specifications approved or provided by the City.

   H.   Water Supply:

      1.   The subdivider shall design and construct the water supply system in such a manner as to ensure that each lot is supplied with safe, pure and potable water in sufficient volume and pressure for domestic use and fire protection, and that conforms to all applicable State and City standards and requirements. The subdivider shall install, to grade, all water mains and lines with the materials that are shown on plans and specifications approved by the City. Connections from said mains and lines shall be installed to each lot in said subdivision. The construction plans shall show the locations of shutoff valves to each block and lot. All proposed water systems shall connect to the City Municipal water system.

      2.   Water meter boxes and water meters shall be installed on all lots. Water meter boxes shall conform to all applicable standards and specifications set by the City, and shall be subject to approval by the City.

   I.   Fire Hydrants: Fire hydrants shall conform to all applicable standards and specifications set by the City (to include, without limitation, the Fire Code, section 6-1-1 of this Code), and shall be subject to approval by the City.

   J.   Power, Communications, And Gas Utilities:

      1.   The subdivider shall install or arrange for the installation of the following utilities: electric power and communication lines. These utilities shall be installed in all subdivisions. All electric distribution facilities shall be installed underground, except in unusual situations involving short extensions of overhead facilities existing on abutting subdivisions, which extensions are only permitted if approved by the City Council. All underground electric distribution lines and communication lines shall be installed in accordance with General Order no. 9 issued by the Public Utilities Commission of Nevada. A minimum of two (2) one and one-half inch (1 ½") conduits are required for current and future communication infrastructure.

      2.   In addition to the utilities listed in subsection J1, above, the subdivider shall install or arrange for the installation of natural gas unless waived by the Development Manager or other person designated by the City Council based on the following criteria:

         a.   The utility that provides natural gas is not required to supply natural gas to the subdivision; and

         b.   All other required utilities are shown on the approved construction plans for the subdivision.

A waiver granted under this subsection J2 shall not prohibit the future installation of natural gas infrastructure to any property located within the development and the subdivider shall reserve sufficient easements to permit such future installations by either the natural gas provider or individual property owners.

   K.   Survey Monuments: Permanent monuments shall be installed in accordance with standards set by the City at all corners, angle points, points of curve and street intersections. After all improvements in the subdivision have been installed, the subdivider shall have a registered land surveyor check the locations of monuments and certify their accuracy. Monuments shall be at or near boundary corners. Monuments shall be set at intermediate points of approximately one thousand feet (1,000') or at such lesser distances as may be necessary by reason of topography or culture to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty. All monuments shall be permanently and visibly marked with the license number of the registered land surveyor under whose supervision the survey was made, and a description of such monument shall be shown on the final map. The subdivider shall set monuments at street intersections and at the beginning and ending of each curve, unless the intersection of tangents of said centerline falls within the street right-of-way, in which event the City may permit the subdivider to establish a monument at the intersection in lieu of monuments at the beginning and end of the curve.

   L.   Lot Corner Staking: Five-eighths inch (5/8") reinforcing steel with a cap having a mark for the exact point and stamped "PLS" followed by the number of the professional land surveyor's license shall be set at all corners, angle points and points of curve for each subdivision lot prior to final acceptance of the subdivision. The cost for lot corner staking, under the direction of a professional land surveyor, shall be included as part of the public improvements and shall be a line item on the "engineer's estimate of the costs of the public improvements".

   M.   Street Lighting: Street lighting shall be installed on all streets and at all locations designated by the City within the subdivision in conformity with section 3-3-16 of this chapter, to include City standards for materials, design and construction. The subdivider will bear all costs for the design and installation of streetlights.

   N.   Stormwater Discharge And Land Disturbance: All construction activities that have the potential to create a land disturbance of greater than one acre shall comply with State construction site stormwater general permit requirements and the City's National Pollutant Discharge Elimination System general permit for discharges from small Municipal separate storm sewer systems. This requires developers and/or contractors to obtain a State stormwater discharge permit and City grading permit for these projects. The subdivider shall provide construction site stormwater erosion protection for all construction. Permanent stormwater erosion measures meeting the minimum requirements of the City stormwater management plan will be enforced.

   O.   Full Frontage: The subdivider must construct and install all required public utilities across the full frontage of property at the time of development of the subdivision.

   P.   Site Grading: The subdivider shall:

      1.   Ensure that the subdivision is constructed with sufficient site grading for the required improvements;

      2.   Ensure that each lot area is buildable; and

      3.   Ensure that there is adequate site drainage control. (Ord. 834, 11-27-2018; amd. Ord. 871, 6-28-2022)

   A.   Provisions And Requirements Of Agreement To Install Improvements: Except as otherwise provided in this section, no more than thirty (30) calendar days after the later of the approval of the final map or the approval of a proposed agreement to install improvements by the City Council, prior to the commencement of construction of subdivision improvements, and prior to certification of the final map, the subdivider shall enter into and have on file with the City an agreement to install improvements, fully executed by the subdivider and the City, containing the following provisions:

      1.   That the engineer's estimate must be approved by the City;

      2.   That the total engineer's estimate must be an amount no less than the full cost of the following improvements:

         a.   Improvements required under section 3-3-20 of this chapter;

         b.   Improvements shown on the construction plans prepared and approved in accordance with section 3-3-18 of this chapter;

         c.   The cost of required inspection and testing by a properly licensed engineer to oversee the quality assurance and quality control necessary to ensure certification for the construction of the approved construction plans;

         d.   The cost to replace any existing streets, utilities or other improvements that are included in the required improvements as shown on the construction plans;

         e.   The cost to prepare the as-built drawings and any associated documents; and

         f.   Incidental expenses associated with the foregoing work.

      3.   One of the following provisions, at the election of the subdivider:

         a.   That the subdivider will complete the subdivision improvements with its own resources, subject to terms and conditions approved by the City in the agreement to install improvements; provided, during the construction of subdivision improvements, the subdivider may, at its option, guarantee performance of the remaining subdivision improvements with a performance guaranty that conforms to subsection A3b of this section and section 3-3-22 of this chapter; or

         b.   That the subdivider will guarantee the completion of the subdivision improvements by providing to the City a performance guaranty that satisfies the requirements of section 3-3-22 of this chapter, and that a performance guaranty given in the form of a bond or irrevocable letter of credit shall not expire or be released by the issuer prior to completion of all required subdivision improvements and written authorization by the City permitting the performance guaranty to expire or be released.

      4.   That all subdivision improvements identified in the agreement to install improvements shall be completed within a specified period, not to exceed two (2) years, to the satisfaction of the City.

      5.   That in the event the required subdivision improvements are not completed within the specified period to the satisfaction of the City, the City may, with City Council approval, complete or cause to be completed the improvements and thereafter recover from the subdivider the full cost and expenses therefor.

      6.   That approved construction plans are appended to the agreement to install improvements as an exhibit.

      7.   That the construction plans and all required improvements shall be approved by the City, applicable State and Federal agencies prior to the commencement of construction.

      8.   That the subdivider shall, at its own expense, use the services of a licensed professional engineer to: a) oversee the construction of the subdivision, b) provide to the City copies of all test results required under the specifications for the project and c) provide the City with a stamped certification that the subdivision was constructed in conformity with the approved construction plans.

      9.   That the subdivider shall pay the cost of inspection, testing and surveying all subdivision improvements and, further, that if the City determines the subdivider is not performing adequate surveying, inspection and/or testing through the use of a properly licensed professional engineer or land surveyor (as appropriate), the City may then, in its discretion, order the subdivider to immediately stop work; and that the City may thereafter hire a properly licensed professional engineer and/or land surveyor to perform the remaining surveying, inspection and/or testing, the cost of which shall be reimbursed to the City by the subdivider upon demand and prior to final acceptance of the subdivision improvements by the City.

      10.   That the subdivider's engineer shall provide to the City as- built drawings of all subdivision improvements, and further, that the as-built drawings shall be submitted both in digital format and on paper, the paper version to be wet-stamped by the subdivider's engineer prior to submittal to the City.

      11.   That the subdivider shall use qualified and properly licensed contractors for the construction of all required improvements, to include all subdivision improvements shown on the construction plans.

      12.   That the parties acknowledge the City Council will only accept the subdivision improvements if: a) the subdivider's engineer certifies that the subdivision improvements are complete and b) the City independently confirms that the subdivision improvements are complete.

      13.   That the subdivider shall provide the City with a maintenance guaranty that satisfies the requirements of section 3-3-22 of this chapter, and that the one year maintenance period shall commence on the date the City Council accepts the subdivision improvements.

      14.   That the subdivider's breach of the agreement to install improvements shall constitute a default, including, without limitation, the following:

         a.   Subdivider's failure to complete construction of subdivision improvements within time stated in the agreement to install improvements;

         b.   Subdivider's failure to timely cure any defect in the subdivision improvements;

         c.   Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which subdivider fails to discharge within thirty (30) days; or

         d.   Subdivider fails to perform any other obligation under the agreement to install improvements.

      15.   That in the event of a default by the subdivider: a) the City may thereafter draw upon any performance guaranty provided to the City to complete the subdivision improvements and mitigate the City's damages (if applicable), in addition to any other remedies available to the City; b) the subdivider shall promptly, but in no case more than thirty (30) days after written notice from the City, dedicate all remaining undedicated and required rights-of- way for the continuation of existing streets into the subdivision; and c) the City may record all deeds of dedication for rights-of-way for the continuation of existing streets into the subdivision.

      16.   That in the event of a default by the subdivider, the City reserves all remedies available to it at law and in equity.

      17.   That upon a determination by the City that specific improvements have been satisfactorily constructed and completed, funds may be released from the performance guaranty (if applicable) either by refunding a portion of a cash deposit to the subdivider or by authorizing a reduction of a bond or other form of non-cash guaranty, so long as the foregoing release of funds does not exceed ninety percent (90%) of the value of the completed improvements that have been certified by the subdivider's engineer and approved by the City. The foregoing determination by the City shall be subject to the appeal rights set forth in section 3-3-30 of this chapter.

   B.   Additional Provisions: Notwithstanding any other requirements set forth in this section, the agreement to install improvements may also contain any of the following provisions and/or requirements:

      1.   That the construction of improvements shall take place in specified stages.

      2.   That the time to complete construction may be extended by the City, in its discretion, subject to specified conditions.

   C.   Modifications, Extensions: At the written request of the subdivider, the terms and conditions, to include time frames and deadlines, contained in an executed agreement to install improvements may be modified by the City Council upon a demonstration of good cause by the subdivider, so long as the modification does not frustrate the purposes of this Code or relieve the subdivider of the requirement to construct or compensate the City for constructing the required subdivision improvements. The subdivider shall, at the time of filing the written request for modification of the agreement to install improvements, pay a filing fee to the City in an amount established by resolution of the City Council. (Ord. 834, 11-27-2018)

   A.   Completion Or Guaranty: To ensure that subdivision improvements are properly completed at the subdivider's expense, the subdivider shall either: 1) complete the subdivision improvements with its own resources according to the agreement to install improvements and other terms and conditions approved by the City, in which event the subdivision improvements must be certified by the City as complete prior to certification of the final map; or 2) provide the City with a performance guaranty.

   B.   Performance Guarantees: In the event the subdivider does not complete the subdivision improvements with the subdivider's own resources, the subdivider shall provide a performance guaranty to the City, subject to the following requirements:

      1.   Provisions: Prior to execution of an agreement to install improvements pursuant to section 3-3-21 of this chapter and prior to approval of the final map by the City Council, the subdivider shall provide the City with a performance guaranty, subject to approval by the City, in an amount deemed sufficient by the City to cover the full cost of: a) remaining improvements required under section 3-3-20 of this chapter in the construction plans prepared and approved in accordance with section 3-3-18 of this chapter; b) remaining improvements identified in engineering inspections; c) the cost to replace any existing streets, utilities or other improvements that may be damaged during construction of the required subdivision improvements; d) the cost to prepare the as-built drawings and any associated documents; e) the cost for the services of a licensed professional engineer to oversee the construction of the subdivision and f) identified incidental expenses associated with the foregoing work. The performance guaranty shall be in one of the following forms:

         a.   Performance Bond: A performance or surety bond executed by a surety company authorized to do business in the State of Nevada, approved by the City Attorney as to form, and having a length of term not exceeding twenty four (24) months from the date of final map recordation.

         b.   Deposit Of Funds: A deposit of cash with the City, or a certified check or negotiable bonds made payable to and deposited with the City or an escrow agent or trust company approved by the City Attorney; provided, any decision by the City Attorney not to approve an escrow agent or trust company is subject to review by the City Council.

         c.   Irrevocable Letter Of Credit: An irrevocable letter of credit in favor of the City issued by a financial institution insured by the Federal Deposit Insurance Corporation (FDIC).

         d.   Combinations: Upon approval by the City based on a showing of good cause by the subdivider, a combination of the forms of performance guaranty listed in this subsection, so long as the combination provides the City with at least the same level of protection against default as any single one of the listed forms of guaranty.

      2.   Penalty In Case Of Default: In the event the subdivider fails to complete all required subdivision improvements in accordance with terms of the agreement to install improvements, the City may, in its sole discretion, complete the work at its own expense and thereafter reimburse itself for the cost and expense thereof from the performance guaranty.

      3.   Maintenance Guaranty: The subdivider shall provide the City with a maintenance guaranty to ensure the maintenance, adequacy and condition of all improvements required by the agreement to install improvements for a period of not less than one year after the improvements are accepted by the City. The maintenance guaranty may be in any form permitted in subsection B1 of this section for a performance guaranty and shall be in an amount equal to ten percent (10%) of the total cost of the required subdivision improvements. The City shall not accept the subdivision improvements until the subdivider provides the maintenance guaranty.

      4.   Reduction Of Maintenance Guaranty: Once a maintenance guaranty has been delivered to the City, the City shall not thereafter release any funds from or reduce the amount of the maintenance guaranty except upon written certification by the City that all required maintenance has been performed in conformance with the agreement to install improvements; provided, in no event shall the release of funds exceed the amount of the maintenance guaranty.

      5.   Improvement District Financing Through Special Assessments: If not all of the properties abutting a public street within any given block are under the control of the subdivider, and the street abutting those properties is not fully improved in accordance with the requirements of this chapter, the subdivider may petition the City Council for the creation of an improvement district for the construction of the required improvements and for the special assessment of the cost thereof against abutting properties in accordance with chapter 268 of the Nevada Revised Statutes; provided, however, that the subdivider shall thereupon enter into an agreement with the City pursuant to which it agrees to be responsible for any difference between the cost of such improvements and the maximum amount which the City can specially assess against the property to be subdivided, and to furnish any necessary waivers to permit assessment of the entire cost of such improvements. Any such agreement pursuant to the preceding sentence shall be in a form approved by the City Attorney. (Ord. 834, 11-27-2018)

The City may require the dedication of land for the development of park, playground and recreational facilities, payment in lieu of dedication, or Residential Tax (to the extent permitted under Nevada law), in accordance with the recreation and open space element of the Elko Master Plan. (Ord. 834, 11-27-2018)

   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:

   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)

   A.   Permitted: Upon the recommendation of the Planning Commission that there exist extraordinary conditions of topography, land ownership, or adjacent development, or other circumstances not provided for in this chapter, that prevent or unreasonably restrict the ability of a person to develop land, the City Council may thereafter modify the provisions of this chapter, or any other provision in this Code, in such manner and to the minimum extent necessary to carry out the intent of this chapter; provided, this paragraph shall not permit the modification of the process for satisfying the substantive requirements of this chapter.

   B.   Complete Neighborhood Plan: In the case of a plan and program for a complete neighborhood development, the City Council may modify the provisions of this chapter in such manner as it deems necessary and desirable to provide for adequate space and the development of improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated. The City Council may further require such restrictions on the neighborhood development, through the use of deed restrictions, restrictive covenants and conditions and the like, as may be necessary to assure conformity to and the achievement of the plan and program.

   C.   Additional Requirements: In modifying a standard or requirement pursuant to this section, the City Council may impose such additional requirements as it determines are necessary to best achieve the purpose of the standard or requirement being modified. (Ord. 834, 11-27-2018)

   A.   Application: Except as otherwise provided in Nevada Revised Statutes section 278.4925, an owner or Governing Body desiring to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof, to acreage or to revert the map or portion thereof, or to revert more than one map recorded under the same tentative map if the parcels to be reverted are contiguous, shall submit a written application accompanied by a map of the proposed reversion which contains the same survey dimensions as the recorded maps or maps filed with the City Planning Department. The application must specifically describe the requested change.

   B.   Review: At its next regular meeting, or within a period of not more than thirty (30) days after the filing of the map of reversion, whichever occurs later, the City Council shall review the map of reversion and approve, conditionally approve or disapprove the map.

   C.   Applicability Of Fees: Except for the provisions of this section, Nevada Revised Statutes sections 278.4955, 278.496 and 278.4965, and any provision of this Code relating to the payment of fees in conjunction with filing, recordation or checking of a map of the kind offered, no other provision of Nevada Revised Statutes sections 278.010 through 278.630, inclusive, applies to a map made solely for the purpose of reversion of a former map or for reversion of any division of land to acreage.

   D.   Recording: Upon approval of the map of reversion, it must be recorded in the Office of the Elko County Recorder.

   E.   Street Or Easement Included: At the time a map of reversion is submitted and presented for recording, it must conform with provisions of Nevada Revised Statutes sections 278.4955, 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of Nevada Revised Statutes section 279.480 must be followed and satisfied before the map of reversion is approved by the City.

   F.   Fee: The owner shall, at the time of filing the map of reversion, pay a filing fee to the City in an amount established by resolution of the City Council. (Ord. 834, 11-27-2018)

No person, firm, corporation or other legal entity shall hereafter sell or offer for sale any lot, or piece or parcel of land which is within a tract of land proposed to be divided into two (2) or more lots, or pieces or parcels of land, until after a final map thereof has been approved and certified by the City, and recorded with the Elko County Recorder in accordance with provisions of the Nevada Revised Statutes and this chapter. (Ord. 834, 11-27-2018)

   A.   Permitted: An owner of two (2) or more contiguous parcels may merge and resubdivide the land into new parcels or lots without reverting the preexisting parcels to acreage.

   B.   Recording Required: Parcels merged without reversion to acreage pursuant to this section must be resubdivided and recorded on a final map, parcel map or map of division into large parcels, as appropriate, in accordance with Nevada Revised Statutes sections 278.320 through 278.4725, inclusive, and this Code. The recording of the resubdivided parcels or lots on a final map, parcel map or map of division into large parcels, as appropriate, constitutes the merging of the preexisting parcels into a single parcel and the simultaneous resubdivision of that single parcel into parcels or lots of a size and description set forth in the final map, parcel map or map of division into large parcels, as appropriate.

   C.   Street Easements And Utility Easements: With respect to a merger and resubdivision of parcels pursuant to this section, the owner of land conducting the merger and resubdivision shall ensure that street easements and utility easements, whether public or private, that will remain in effect after the merger and resubdivision, are delineated clearly on the final map, parcel map or map of division into large parcels, as appropriate, on which the merger and resubdivision is recorded.

   D.   Security Credit: If the City Council requires an owner of land to post security to secure the completion of improvements to two (2) or more contiguous parcels and those improvements will not be completed because of a merger and resubdivision conducted pursuant to this section, the City Council shall credit on a pro rata basis the security posted by the owner of land toward the same purposes with respect to the parcels as merged and resubdivided. (Ord. 834, 11-27-2018)

Any person, firm, corporation or other legal entity who violates any of the provisions of this chapter shall, upon conviction therefor, be punished as provided in title 1, chapter 3 of this Code. Each day that a violation is permitted to exist shall constitute a separate offense and shall be punishable as such hereunder. The imposition of any sentence shall not exempt the offender from compliance with all requirements of this chapter. (Ord. 834, 11-27-2018)

   A.   Notice Of Appeal: Notwithstanding any other provision contained in this chapter, any person who is aggrieved by: 1) a decision of a person appointed or employed by the City who is authorized to make administrative decisions regarding the use of land or 2) a decision of the Planning Commission, may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within thirty (30) days of receiving notice of the decision. The notice of appeal shall contain the following information: the name of the appellant, the location of the property to which the decision relates, the date on which the appellant was notified of the decision, a summary of the decision being appealed and a statement of reason why the decision is being appealed. The failure of the aggrieved person to file a notice of appeal in the manner stated in this section shall result in a waiver of the aggrieved person's right to appeal. The filing of a notice of appeal shall not stay the action of the City pending the outcome of the appeal. The City Council may by resolution establish a fee for the filing of an appeal.

   B.   Investigation By City Council: Following the filing of a notice of appeal, the City Council may, in its discretion, appoint a committee of the City Council or an independent Hearing Officer to investigate the notice of appeal, report findings of fact and make a recommendation for disposition to the City Council.

   C.   Hearing Before City Council: The City Council shall conduct a hearing on the appeal within forty five (45) days from the date the notice of appeal is filed with the City Clerk. The hearing shall be open to the public and shall be conducted in accordance with the procedures set forth in this section.

   D.   Purposes: In reviewing the decision, the City Council will be guided by the following purposes:

      1.   That, for the purpose of promoting health, safety, morals, or the general welfare of the community, the City Council is authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures.

      2.   That regulations, restrictions and controls pertaining to the improvement of land, and the control of the location and soundness of structures, must take into account:

         a.   The potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment; and

         b.   The availability of and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities.

   E.   Hearing Procedures: The procedures pursuant to which the City Council shall hear an appeal pursuant to this section are as follows:

      1.   The appellant shall first describe the decision being challenged, state the grounds for the appeal and present a summary of the appellant's argument.

      2.   The appellant may then testify, submit documents and/or call witnesses in support of the appeal.

      3.   The City shall then state the grounds for opposing the appeal.

      4.   The City may submit documents and/or call witnesses in opposition to the appeal.

      5.   The appellant may then present a rebuttal argument, witnesses and/or documents. The failure of an appellant to provide argument, witnesses and/or documents on rebuttal shall not be considered by the City Council in deciding the appeal.

      6.   The appellant and the City, respectively, may present closing arguments.

      7.   Appellant and the City are entitled to be represented by counsel, and present testimony, evidence and argument on all issues raised on appeal.

      8.   The City Council may, if it appears helpful to a clear understanding of the issues, consider matters not raised at the hearing.

      9.   All testimony by the appellant and the parties' witnesses shall be under oath.

      10.   The rules of evidence shall not apply.

      11.   The Mayor or Mayor Pro Tem may limit testimony or other proffered evidence that is duplicative, unnecessarily argumentative or not reasonably related to the matter being appealed.

      12.   The Mayor or Mayor Pro Tem may terminate the hearing upon finding that sufficient testimony, documents and arguments have been presented to enable the City Council to fully deliberate and decide the appeal; provided, the Mayor or Mayor Pro Tem shall first request from the appellant a summary of all remaining matters he or she intends to present at the hearing.

   F.   Decision By City Council: At the conclusion of the hearing, the City Council shall make a final decision that is consistent with the requirements of this title to affirm, modify or reverse the decision appealed from and shall within sixty (60) days thereafter file a notice of decision with the City Clerk stating the decision. The foregoing decision of the City Council shall be a final decision for the purpose of judicial review.

   G.   Judicial Review: Any person who has appealed a decision to the City Council in accordance with this section and is aggrieved by the decision of the City Council may appeal that decision to the Fourth Judicial District Court in and for the County of Elko, State of Nevada, by filing with that court a petition for judicial review within twenty five (25) days after the date the notice of decision is filed with the City Clerk. (Ord. 834, 11-27-2018)