1. The design standards of this Chapter shall constitute the minimum design and construction standards for all development and land divisions created through the parcel map, tentative map and final map processes. All improvements required by this Title shall be designed, installed and maintained in accordance with applicable City Standards.
2. Except as otherwise provided in this Chapter, any request to deviate from the design standards of this Chapter shall require the submittal of a request for an administrative deviation from standards.  The decision regarding the request for an administrative deviation from standards is subject to the discretion of the Director of Public Works, taking into account whether the circumstances of the request warrant the requested deviation.  The Director may approve the request (with or without conditions), deny the request, or refer the request to the Planning Commission for a decision in accordance with the Waiver provisions of LVMC 19.16.130.  Neither the Variance provisions of LVMC 19.16.140 nor the Administrative Deviation provisions of LVMC 19.16.120 shall apply to the design standards of this Chapter.

(Ord. 6630 § 2, 08/15/18) 

Effective on: 1/1/1901

The Director of Public Works is responsible for the administration and enforcement of any provisions of this Title that are assigned or delegated to the Director of Public Works by the provisions of this Title. In connection with that responsibility, the Director of Public Works shall have the authority to:

1. A.
   Cooperate with the Director of Community Development in administering and enforcing this Title;
2. B.
   Act upon and process applications under this Title, to the extent assigned or delegated that responsibility;
3. C.
   Conduct the necessary review of maps and development documentation which have been submitted under this Title;
4. D.
   Provide interpretations and references regarding applicable requirements for off-site improvements, rights-of-way, dedications, and drainage and traffic studies;
5. E.
   Provide comments or other input to ensure the inclusion of appropriate survey data, recommendations and related documentation;
6. F.
   Approve or deny administrative deferrals and deviations from standards in accordance with the provisions of this Title, or refer such requests to the Planning Commission for decision in accordance with the Waiver provisions of LVMC 19.16.130; and
7. G.
   Delegate, designate or assign to another person any function described in this Section, except to the extent not permitted by law.

(Ord. 6630 § 3, 08/15/18) 

Effective on: 1/1/1901

1. A.
   Uses of land permitted in each zoning district shall be allowed only when the permit for any proposed improvement on the land includes provisions for the:

   1. 1.
      Dedication of all essential rights-of-way for major streets, minor streets, flood control, utilities and other public purposes; and
   2. 2.
      Provisions for the installation of essential off-site improvements as directed by the City.  Essential rights-of-way and off-site improvements are defined as those rights-of-way and improvements required in connection with a proposed Special Use Permit, Variance, or Site Development Plan; required by the subdivision regulations of the City; or required by the Director of Public Works as appropriate and necessary to mitigate the impact of the development of property in the area.  All improvements shall be constructed in accordance with the City Standards and specifications.
2. B.
   Full off-site improvements meeting current City Standards are required for all development regulated by this Title, which include but is not limited to: full depth pavement, curb and gutter, sidewalk, streetlights, traffic signals, traffic appurtenances, sanitary sewer, drainage improvements and landscaping in the public right-of-way.  All development must, at a minimum, match and extend existing improvements that are immediately adjacent to the proposed development.
3. C.
   In each of the following cases, the Director of Public Works shall have the discretion to determine the extent to which improvements will be required initially or in phases, taking into account appropriate means of transitioning from developed rights-of-way to partially-developed or undeveloped rights-of-way:

   1. 1.
      Development that is adjacent to a City-initiated road improvement project; or
   2. 2.
      Large-parcel development where only a portion of the parcel is proposed to be developed and where no subdivision is proposed.
4. D.
   Standard urban improvements for a single lot that is developed for a single family residence are, at a minimum, required to match and extend the off-site improvements that exist immediately adjacent to the lot; however, a property owner may request a deferral of all or part of the improvements that do not already exist on adjacent lots.  If deferral is approved, the property owner is required to enter into a "Covenant Running with Land Agreement" for the deferred improvements.  The agreement shall be recorded with the office of the County Recorder and a copy of the recorded document shall be provided to the City.
5. E.
   Deferrals for any standard urban improvements may be administratively approved by the Director of Public Works if all the conditions listed in Paragraphs (1) through (5) below are met. In addition, if an applicant does not meet all the conditions listed in Paragraphs (1) through (5) below, the Director may still make a determination to allow an administrative deferral, after taking into account extenuating site-related circumstances. The normally-required conditions referred to in the first sentence of this Subsection (E) are the following:

   1. 1.
      No improvements or partial improvements exist immediately adjacent to the proposed development;
   2. 2.
      The proposed development frontage requested for deferral is not more than 660 feet (one nominal block) in length;
   3. 3.
      The site is not at the corner of two public streets identified on the Planned Streets and Highways Map;
   4. 4.
      The proposed development is a distance of 330 feet or more from developed or entitled property for which improvements have not been deferred; and
   5. 5.
      The proposed development is a single-family residential subdivision, or is a single lot that is developed for a single-family residence that is subject to Subsection (4) above.
6. F.
   If standard urban improvements are allowed to be deferred, the following shall be required, as applicable:

   1. 1.
      An improvement contribution as follows:

      1. a.
         For streets defined on the Master Plan of Streets and Highways Map as a highway, a Major Collector or a Primary Arterial:

         1. i.
            100% of the City's bond estimate costs for deferred/waived improvements, excluding street lighting; and
         2. ii.
            100% of the City's bond estimate costs for deferred/waived street lighting when pedestals are not installed.  This may be reduced to 50% of the City's bond estimate costs if pedestals are installed.
      2. b.
         For all lesser street classifications (60 feet or less) that are deferred for the public frontage of the subject property:

         1. i.
            50% of the City's bond estimate costs for deferred/waived improvements, excluding street lighting; and
         2. ii.
            50% of the City's bond estimate costs for deferred/waived street lighting when pedestals are not installed.  This may be reduced to 25% of the City's bond estimate costs if pedestals are installed.
   2. 2.
      A "Covenant Running with Land Agreement" entered into by the property owner for the deferred improvements, if less than 100% is required.

(Ord. 6630 § 4, 08/15/18) 

(Ord. 6922 § 2 & 3, 08/20/25) 

Effective on: 1/1/1901

1. City Boundary Line
   Lots shall not be divided by City boundary lines.
2. Minimum Area Requirements
   In addition to the minimum lot area requirements of this Title, the size of any lot which is not served by public water supply or which is not served by a public sanitary sewer system must comply with applicable Clark County District Board of Health standards.

Effective on: 1/1/1901

Sidewalks shall be provided in accordance with City Standards. Alternative pedestrian ways, greenbelt systems or other sidewalk designs may be approved by the Director and the Director of Public Works. The final sidewalk system shall provide a logical and continuous path to area pedestrian destinations, including schools and playgrounds. Sidewalk and pedestrian way width and construction shall be in accordance with City Standards.

(Ord. 6630 § 5, 08/15/18) 

Effective on: 1/1/1901

The design and construction of all curbs, gutters and other drainage improvements and facilities shall comply with City Standards and with any site-specific drainage plan and technical drainage study that has been accepted or approved by the City.

(Ord. 6630 § 6, 08/15/18) 

Effective on: 1/1/1901

All curbs and gutters on all streets required to meet the provisions of LVMC Chapter 19.04, whether private or public, shall be eighteen inch L-type conforming to City Standards. All curbs and gutters on streets not required to meet LVMC Chapter 19.04 standards with a right-of-way width of sixty feet or more shall be twenty-four inch L-type conforming to City Standards. On all other streets, whether private or public, thirty-inch roll-type curb and gutter conforming to City Standards may be allowed as long as the requirements of the site-specific drainage plan and technical drainage study do not prohibit the use of roll-type curb due to anticipated drainage flows and the use of roll-type curbs does not conflict with public access requirements on public streets.

(Ord. 6630 § 7, 08/15/18) 

Effective on: 1/1/1901

The design and construction of all sanitary sewer improvements shall comply with City Standards.

(Ord. 6630 § 8, 08/15/18) 

Effective on: 1/1/1901

1. Location
   Public sanitary sewer lines shall be located in dedicated public rights-of way, public streets, public sanitary sewer easements or public alleys. In any case where a public sanitary sewer line is located in a public utility easement, a sanitary sewer easement shall also be granted.
2. Installation
   Except in commercial subdivisions, public sanitary sewer lines shall be installed to provide laterals to each lot. Laterals that serve single family dwellings shall have a minimum diameter of four inches and be extended to the property line. Plans and profiles showing the exact coordinates for both manholes and laterals shall be provided on all Sanitary Sewer and Storm Drain Final Location Maps after construction of such facilities have been completed. Such Maps shall be submitted to the City upon completion of construction.

Effective on: 1/1/1901

No sanitary sewer or grease, sand, or oil separator cleanout shall be permitted in public rights-of-way.

Effective on: 1/1/1901

1. Adequacy
   Water supply shall be adequate for all domestic use plus fire protection. The system is adequate if it can furnish the required fire flow (in gallons per minute) from any fire hydrant for the required duration of time while the required residual pressures are maintained in the system. Fire flow shall be provided in accordance with the requirements of the Fire Code and the Department of Fire and Rescue.
2. Delivered By Pump
   Adequate water supply does not include the extent to which a system depends upon pumps delivering directly to mains. Required fire flow shall be available even though pumps may not be operating.
3. Source Other Than Water District
   For a subdivision that proposes a water supply from a source other than the Las Vegas Valley Water District, the subdivider must submit to the City a copy of a State well permit; the design showing pressure, capacity, potential population capable of being served; and measures necessary to comply with National Board of Fire Underwriters recommended fire flow. The subdivider must submit an agreement or other written commitment satisfactory to the City guaranteeing a water supply for the subdivision. Lines to hydrants shall conform to recommendations of the National Board of Fire Underwriters.
4. From Wells
   Any water supply obtained from wells shall be clearly shown on the map. A statement shall be submitted stating the capacity of the well, pressure, population that can be served and State certificate number issued for each well.

Effective on: 1/1/1901

1. Determination of Number Required
   For purposes of determining the number of hydrants required for a particular development, the maximum amount of flow per hydrant that may be counted in determining the system’s adequacy is one thousand five hundred gallons per minute. The criteria for determining the fire flow and number of hydrants for any specific subdivision shall be those set forth in the Fire Code and the I.S.O. Manual adopted by the City.
2. Placement
   Fire hydrants shall be spaced in accordance with the requirements of the Fire Code and the Department of Fire and Rescue.
3. Location
   Hydrants shall be located in conformance with applicable Standard Drawings and the Fire Code. No hydrant shall be located inside or within twenty feet of the required right-of-way radius of a cul-de-sac. Public fire hydrant easements shall be provided for all public fire hydrants not located within public street rights-of-way.
4. Installation
   Fire hydrants shall be installed prior to the commencement of any combustible construction in accordance with the requirements of the Fire Code and the Department of Fire and Rescue. All-weather access, as approved by the Department of Fire and Rescue, shall be provided to all hydrants and combustible construction.
5. Specifications
   Hydrants shall conform to the latest edition of American Water Works Standard, C502, for fire hydrants, and the specifications set forth in City Standards.

(Ord. 6630 § 9, 08/15/18) 

Effective on: 1/1/1901

Where landscaping is proposed or required for a residential subdivision, a landscaping plan shall be provided by the subdivider as an integral part of the subdivision design. Such a plan shall be prepared and submitted with each final map application addressing the landscape design of the subdivision with respect to such features as wall or fence design; land forms or berms; rocks and boulders; trees and plant materials; sculpture, art, paving materials, street furniture; subdivision entrance statements; common area landscaping; and other open space areas. Landscaping shall conform to all applicable City requirements. In no case shall landscaping or landscaping features be permitted that impede proper visibility at intersections or driveways.

Effective on: 1/1/1901

1. Construction or Construction Agreement
   The subdivider is responsible for the construction of all public improvements and for any private improvements associated with the parcel map or subdivision that may be required by the City. Required improvements shall be completed prior to the recordation of the parcel map or final map, unless the subdivider enters into an agreement with the City to install such improvements as provided for in Subsection (B) of this Section or has executed a covenant running with a land agreement, whichever is applicable, as determined by the Department of Public Works. Required dedications must be accomplished prior to the release of the parcel map or final map or such dedications must be noted on the approved maps as being offered for dedication.
2. Agreement to be Secured
   The subdivider shall execute an agreement that guarantees the construction of the required public improvements and shall provide security for their construction in an amount equal to the estimated cost of construction plus ten percent additional for contingencies. The agreement shall be secured by such good and sufficient bond or other security as is deemed appropriate by the City to protect the public interest, and shall be in an amount determined to be sufficient to complete all required improvements and to remove all rubbish, trash, debris, surplus material and equipment from the area. The Director of Public Works shall be responsible for review and, if deemed acceptable, approval of all cost estimates for construction of required public improvements. The subdivider’s engineer shall be responsible for submitting all improvement plans and quantity estimates in a manner and form that complies with City requirements.
3. Common Area and Off-Site Improvements Requirements
   1. In connection with the approval of any parcel map or final map, the developer or subdivider must provide for the installation of common area and off-site improvements by obtaining the City’s approval of either a phasing plan or a development agreement, as determined by the Director and the Director of Public Works.
   2. The phasing plan or development agreement shall set out a development schedule for all common area and off-site improvements, including but not limited to water, sewer and storm drainage lines; streets; open space improvement; trails; parks; and landscaping. Except as otherwise provided in Paragraphs (3) and (4), completion of common area and off-site improvements within any residential subdivision shall be scheduled to be concurrent with development (e.g., when fifty percent of the development is completed, at least fifty percent of the common area and off-site improvements shall be completed). Calculation of the percentage of the development that is completed shall be based upon the number of building permits issued.
   3. Except as otherwise provided in Paragraph (4), all common area and off-site improvements within any residential subdivision shall be completed when seventy-five percent of the development is completed (e.g., when seventy-five percent of the development is completed, one hundred percent of the common area and off-site improvements shall be completed). Calculations of the percentage of the development that is completed shall be based on the number of building permits issued.
   4. A phasing plan is subject to review and approval by the Director of Public Works, as are revisions to the plan. Notwithstanding any other provision of this Subsection (C), the Director of Public Works, in the interest of convenience, shall have the discretion to:
      1. Determine the appropriateness of, and level of compliance with, phasing under this Subsection (C); and
      2. Issue additional building permits beyond those that otherwise would be allowed based upon the progress of the development within the preceding 180 days. The issuance of additional building permits shall be in accordance with a written policy developed by the Director of Public Works and shall be contingent on the developer’s execution of a binding completion schedule that is mutually agreeable to the developer and the Director of Public Works.
   5. A development agreement is subject to review and approval pursuant to LVMC 19.16.150.
   6. In the case of either a phasing plan or development agreement, the City is authorized to require security or a performance guarantee for the installation of common area and off-site improvements. The amount of the required security or performance guarantee shall be established by the Director of Public Works, and the form of security or performance guarantee must be acceptable to the City Attorney. To the extent possible, the provisions of Subsection (B) shall apply directly or by analogy to the installation of improvements and security required under this Section.
   7. In accordance with LVMC 19.16.050(K), a specific parks in-lieu-of plan must be approved with the tentative map if the developer proposes park improvements in lieu of paying residential construction taxes.

(Ord. 6279 § 2, 10/02/13)

4. Security Documents
   The surety documents or other documents of security required in connection with an agreement to install improvements shall specify the duration of the security and its manner of release, and shall provide remedies in the event of default. Such security may be in the form of:
   1. A cash deposit or approved government securities;
   2. A performance or surety bond issued by a company authorized to issue such bonds in Nevada;
   3. An agreement with a lending institution operating under Nevada law; provided that the institution shall reserve sufficient funds out of the subdivider’s construction loan (or funds otherwise set aside for the use of the subdivider) to assure completion of all required improvements, shall retain ten percent of the funds until the improvements are accepted by the City and shall not release any funds without the approval of the Director of Public Works;
   4. A first deed of trust on real property located in or near the City. The deed of trust must name the City as beneficiary and be accompanied by appropriate agreements or other documents that sufficiently bind the subdivider and trustor to the satisfaction of the City Attorney. The appraised market value of the property which is the subject of the deed of trust must equal or exceed one hundred twenty-five percent of the value of the amount of security determined necessary by the Director of Public Works; or
   5. In the case of improvements whose estimated cost is fifty thousand dollars or less, an agreement with the City providing that, in consideration of issuing a building or grading permit, the City may withhold certificates of occupancy, recordation of a map or the inspection of buildings associated with the project unless and until the improvements have been completed to the City’s satisfaction.
5. Special Improvement Districts
   A subdivider may request the inclusion of a subdivision within a special improvement district and the City may include a subdivision in accordance with applicable procedures. If the City Council approves a special improvement district that includes a subdivision, the City may release the subdivider from the improvement guarantee executed pursuant to Subsection (D) above. The obligation to release shall not accrue until the contract for the special improvement district project has been awarded, and the release shall be only to the extent that the work of improvement will be accomplished through the special improvement district.
6. May Be Required
   In connection with development approvals or permit approvals for residential and nonresidential developments that are not otherwise subject to the land division requirements of this Title, the City may require, as a condition of approval, that the developer install one or more of the following, to applicable City standards:
   1. Appropriate off-site improvements;
   2. Site access improvements; and
   3. Private streets and common area improvements that are proposed to serve the development.
7. Off-Site Improvements Agreement—Security
   In order to assure the installation of any improvements required pursuant to Subsection (F) of this Section, the developer may be required to do one or more of the following:
   1. Enter into a development agreement or covenant running with land agreement;
   2. Enter into an off-site improvements agreement and post adequate security therefor in accordance with the provisions of this Section;
   3. Provide an alternate or equivalent means of assurance that is satisfactory to the City, including the payment of moneys in lieu of improvements.
8. Director Includes Designee
   Any reference in this Section to the Director of Public Works includes a designee of the Director.

(Ord. 6279 § 3, 10/02/13)

(Ord. 6630 § 10, 08/15/18) 

Effective on: 1/1/1901

1. Length
   Any intersection of any street that provides external access from a subdivision to any existing or planned street abutting the subdivision which has a right-of-way of sixty feet or more shall be offset from any other intersection by at least two hundred twenty feet, measured from centerline to centerline. Intersections of streets providing service internally within a subdivision, where they do not intersect arterial or major streets, shall be offset a minimum of one hundred twenty-five feet. The City Traffic Engineer, at his sole discretion, may allow lesser separation than the distances set forth above if the applicant can demonstrate that the alternative design can safely accommodate traffic circulation.  Alternatively, the City Traffic Engineer may refer any such request to the Planning Commission for a decision in accordance with the Waiver provisions of LVMC 19.16.130.
2. Angles
   Street intersections shall be at an angle of ninety degrees, or as close to ninety degrees as is practicable. In no case shall an intersection be at an angle less than seventy-five degrees.
3. Compliance with Standards
   Intersection designs regarding planned streets shall comply with the applicable Uniform Construction Design Standards which may include the requirement of additional right-of-way dedication.

(Ord. 6630 § 11, 08/15/18) 

Effective on: 1/1/1901

Vertical curves shall be provided in all changes in grade where the total algebraic difference is one percent or greater meeting the standards of the most recent edition of “A Policy on Geometric Design of Highways and Streets” (also known as The Green Book). The Director of Public Works may waive this requirement if the applicant can demonstrate that meeting this requirement is impractical.

Effective on: 1/1/1901

Reverse or compound curves on any street, except residential streets, shall be separated by a tangent of one hundred feet or more. The Director of Public Works may waive this requirement if the applicant can demonstrate that meeting this requirement is impractical.

Effective on: 1/1/1901

1. The design of roadways shall take into account and be based upon topography and drainage considerations.
2. All lots shall have frontage on, and access to, a public street or an irrevocable private street or private drive. Public street dedications to ensure lot access or the continuity of necessary public streets adjacent to or through the subdivision also may be required, as necessary, by the Department of Public Works.

Effective on: 1/1/1901

19.02.180 Street Grade Requirements

All streets should be designed and located so that as many building sites as possible are at or above the grade of the street. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves should be avoided. Minimum street grade shall be 0.004 feet per foot, unless an acceptable alternate design is approved by the Director of Public Works.

Effective on: 1/1/1901

A sight visibility restriction zone (SVRZ) shall be provided at all intersections, including roadway with roadway and driveway with roadway intersections. Each such zone shall comply with Standard Drawing No. 201.2 of the Uniform Standard Drawings, Clark County Area, as it may be revised from time to time, or the applicable sign restriction standards set forth in the most recent edition of the manual entitled “A Policy on Geometric Design of Highways and Streets,” as published by the American Association of State Highway and Transportation Officials. Each SVRZ shall be detailed on all plans that depict drainage, grading, fence layout, landscaping or other construction improvements. If required by the City Traffic Engineer, an additional exhibit detailing the SVRZ shall be recorded and a copy submitted to the City plans library. The final map shall provide a general statement making reference to the latest approved construction improvement plan. If a separate SVRZ exhibit is required by the City Traffic Engineer, the final map shall make reference to the exhibit as a recorded document identified by its book and instrument numbers. The SVRZ requirements of this Section shall apply to the location of all public and private facilities and improvements, as determined by the Director of Public Works.

Effective on: 1/1/1901

The Director of Public Works may require the subdivider to install paving transitions and crossovers to accommodate existing and proposed paving improvements with a “sawtooth” or nonuniform alignment or width if the necessary public right-of-way or easement exists or can be obtained by the City.

Effective on: 1/1/1901

The subdivider shall provide paved access from existing paved streets to the subdivision boundary where no such access exists. The access must be paved to a minimum travel width of twenty-four feet, with AC paving and standard base course as specified by the Director of Public Works.

The Director of Public Works shall designate which street must be improved as an access street and may require a secondary paved access route and other mitigation measures deemed necessary as a result of or based upon traffic projects within the subdivision, the location of the subdivision, or neighborhood concerns.

Effective on: 1/1/1901

Compaction of street sub-grade and base materials shall comply with City Standards.

(Ord. 6630 § 12, 08/15/18) 

Effective on: 1/1/1901

1. A.
   Driveway design and construction shall comply with City Standards.

   1. 1.
      Except as otherwise provided in this Subsection (A), residential driveway lengths are measured from the lot line of the property and do not include the width of any sidewalk that is located parallel to the street and is provided for public use.
   2. 2.
      If a sidewalk is provided for public use and located within the lot line of the property, the driveway length shall be measured from the back of the sidewalk.
   3. 3.
      For a lot line that is located at the centerline of the street, the driveway length shall be measured from the back of the sidewalk. If no sidewalk is present, the driveway length shall be measured from the back of curb, or from the edge of the street surface where no curb is present.
2. B.
   For nonresidential development, or for residential lots other than single family or duplex lots, the number, type and location of driveways must first be approved by the Director of Public Works.
3. C.
   Except as otherwise permitted by this Chapter or by City Standards, or as otherwise approved by the Director of Public Works:

   1. 1.
      For any single family or duplex residential lot, no more than a single entrance or circular driveway shall be provided.
   2. 2.
      No driveway access shall be permitted from the side or rear yard of any residential lot onto any primary or secondary thoroughfare so designated on the City’s Master Plan of Streets and Highways.
   3. 3.
      For any residential lot, a driveway shall be at least 18 feet in length to accommodate the parking of vehicles. Alternatively, if the driveway is not intended to accommodate the parking of vehicles, it shall be no more than five feet in length. Sight clearance shall be maintained pursuant to LVMC 19.02.190, or as permitted by the Department of Public Works.

(Ord. 6630 § 13, 08/15/18) 

(Ord. 6876 § 2, 08/21/24) 

Effective on: 1/1/1901

Street lighting for public streets shall be designed, installed or upgraded in accordance with City Standards.  Street lighting is not required for private streets within single family subdivisions.

(Ord. 6630 § 14, 08/15/18) 

Effective on: 1/1/1901

When utilized on private streets or drives, access control gates and storage areas shall be designed, installed and located in accordance with City Standards. Access control gates and all appurtenant facilities and equipment shall not be located in the public right-of-way. An adequate vehicle queuing area as determined by the Director of Public Works must be provided in order to prevent blockage of public streets. A pedestrian gate separate from the vehicular movement area shall also be provided.

(Ord. 6630 § 15, 08/15/18) 

Effective on: 1/1/1901

All emergency access gates shall be designed, installed and maintained in accordance with City Standards.

(Ord. 6630 § 16, 08/15/18) 

Effective on: 1/1/1901

Private drives shall be constructed in sufficient manner and width to accommodate anticipated on-site traffic conditions and shall be in accordance with LVMC 19.04.080 and any other applicable City Standards.

(Ord. 6630 § 17, 08/15/18) 

Effective on: 1/1/1901

Subdivisions shall be designed to provide safe and convenient living environments and traffic circulation. Whenever blocks are longer than one thousand two hundred feet, the Planning Commission may require the dedication and construction of pedestrian walkways, pedestrian or bicycle pathways or greenbelts of not less than five feet in width where deemed necessary for circulation and access to schools and playgrounds. The complete length of any such way shall be fully visible from the adjacent street.

Effective on: 1/1/1901

Each lot within a subdivision shall have access to a public or private street or private drive that complies with City Standards. Lots with residential zoning and having less than one hundred feet on any side adjacent to a primary or secondary thoroughfare, as designated on the City’s Master Plan of Streets and Highways, shall be prohibited vehicular access to the primary or secondary thoroughfare. The access prohibition shall be clearly indicated on the recorded final map. Unless no alternative exists due to the size or depth of the land to be divided, no residential lot shall front onto a primary or secondary thoroughfare. All such lots shall be oriented to have either their rear or side yard lines adjacent to the primary or secondary thoroughfare.

(Ord. 6630 § 18, 08/15/18) 

Effective on: 1/1/1901

1. Plans submitted to the City for proposals to construct public improvements must meet the most recently published and circulated version of the City's 'Standard Plan Guidelines and Design Layout for Land Development Projects."
2. The applicant shall notify the Director of Public Works at least twenty-four hours in advance of the scheduled date and time that construction and installation work relating to required public improvements or private streets is to commence.  If delays occur, the applicant shall notify the Director of Public Works not less than two hours prior to the rescheduled time.

(Ord. 6630 § 19, 08/15/18) 

Effective on: 1/1/1901

19.02.300 Multiple Species Habitat Conservation

1. Definitions
   As used in this Section, the following terms shall have the following meanings:

"Act" means the Federal Endangered Species Act of 1973, 16 U.S.C. §§1531 et seq., as amended.

Effective on: 1/1/1901

"Certificate of inclusion" means a certificate issued by the City in accordance with this Section to authorize activities to be covered under the Incidental Take Permit.

Effective on: 1/1/1901

"Development permit" means an on-site or off-site permit issued by the City to authorize the development of a parcel which has not previously been improved in accordance with all applicable City ordinances. The term includes building permits and grading permits for construction activity, but does not include demolition permits or temporary power permits.

Effective on: 1/1/1901

"Implementation Agreement" means the document entitled Interlocal Agreement for the Implementation of the Clark County Multiple Species Habitat Conservation Plan and Section 10(a)(1)(B) Permit. approved by the City Council on December 18, 2013, and as thereafter modified.

Effective on: 1/1/1901

"Incidental Take Permit" means the permit, effective as of February 1, 2001, issued by the Secretary of Interior pursuant to Section 10(a)(1)(B) of the Act (16 U.S.C. §§1539), which incorporates by reference the Multiple Species Habitat Conservation Plan and Implementing Agreement and allows the incidental taking of Threatened or Endangered Species in the course of otherwise lawful activities.

Effective on: 1/1/1901

"Mitigation fee" means the MSHCP fee imposed pursuant to the provisions of this Section.

Effective on: 1/1/1901

"Multiple Species Habitat Conservation Plan" or "MSHCP" means the “Clark County Multiple Species Habitat Conservation Plan” approved by the City Council on August 18, 1999, and as thereafter modified.

Effective on: 1/1/1901

"Non-residential development" means development other than residential development.

Effective on: 1/1/1901

"Parcel" means a parcel of real property that is the subject of a development permit application.

Effective on: 1/1/1901

"Residential development" means development designed to be used for single-family residential purposes only, consisting of units containing one kitchen only.

Effective on: 1/1/1901

"Special Reserve Fund" or "Fund" means the habitat conservation fund established by Clark County pursuant to the Implementation Agreement.

Effective on: 1/1/1901

2. Purpose of Provisions
   The purposes of this Section are to:
   1. Provide funds to implement conservation actions within the City to protect various habitats and species located within the City;
   2. Comply with the terms of the Multiple Species Habitat Conservation Plan and the corresponding Implementation Agreement, both of which have been approved by the City Council; and
   3. Comply with the Incidental Take Permit, as it may be amended from time to time, and any successor permits as they pertain to development activity within the City.
3. Mitigation Fee
   1. Development Permits
      No development permit for or real property located within the City shall be issued or approved without payment of the mitigation fee. Except as otherwise provided in Subparagraphs (a) and (b) below and the remaining provisions of this Section, each applicant for a development permit shall pay the mitigation fee of $550.00 per gross acre (or portion thereof) that is included within any parcel to be developed and any additional area to be disturbed for related off-site improvements. Payment of the mitigation fee allows a development permit applicant, by means of certificate of inclusion, to comply with the Act through the Incidental Take Permit. No waiver, adjustment or refund of mitigation fees shall be available except as specified in this Subsection (C).
      1. Submission of Form Required. Each applicant for a development permit shall, prior to issuance thereof, complete a land disturbance/mitigation fee form furnished by City departments responsible for issuing development permits. The form must be complete, be signed by the applicant and contain at a minimum the following information: assessor’s parcel number(s), number of acres within the parcel and the area to be disturbed by related off-site improvements, and the amount of any mitigation fee(s) actually paid.
      2. Processing Fee. Each applicant for a development permit shall pay to the City department responsible for the issuance of a development permit a processing fee of $25.00 per residential development permit and $50.00 per non-residential development permit.
   2. Exceptions
      The following types of development are not subject to payment of the mitigation fee:
      1. Reconstruction of any structure damaged or destroyed by fire or other natural causes;
      2. Rehabilitation or remodeling of existing structures or existing off- site improvements; or
      3. Disturbance of any land (including land conveyed from Federal to private ownership) that is covered by and subject to the terms and conditions of a habitat conservation plan and incidental take permit which:
         1. Are separate and distinct from the MSHCP and the Incidental Take Permit defined herein; and
         2. Have been approved by the U.S. Fish and Wildlife Service.
   3. Consideration of Fees Previously Paid Pursuant to Section 7 of the Act
      Applicants for a development permit who have previously paid per-acre fees pursuant to Section 7 of the Act with respect to the land for which the permit is sought are subject to the following:
      1. If an applicant previously paid Section 7 fees in an amount less than $550.00 per gross disturbed acre (or any portion thereof) that is located within the development parcel, including areas disturbed by related offsite improvements, the applicant shall pay the difference between $550.00 per acre and the amount per-acre paid in Section 7 fees.
      2. If an applicant previously paid Section 7 fees in an amount equal to or greater $550.00 per gross disturbed acre (or any portion thereof) that is located within the development parcel, including areas disturbed by related offsite improvements, the applicant is not required to pay the mitigation fees for those acres.
   4. Refunds
      An applicant who 1) has submitted a development permit application, 2) has paid mitigation fees regarding the acreage covered by the application, 3) thereafter has withdrawn the application prior to permit issuance, and 4) desires a partial refund of mitigation fees paid may seek such refund by filing a written request with the City. The City will research the request to determine if the permit application has been withdrawn and a refund appropriate. If the City so determines, the City will forward to the Clark County Desert Conservation Program a completed Fee Refund form, the written request for refund, and a copy of the original permit. County personnel will prepare the refund paperwork for the consent agenda for the next available Board of County Commissioners meeting. Upon approval by the Board of County Commissioners, the refund amount will be transferred to the City’s Department of Finance. The applicant shall be entitled to receive 80% of the mitigation fees paid to the County by the City with respect to the acreage. Processing fees paid to the City by the applicant are not refundable.
   5. Collection and Deposit to Special Reserve Fund
      All mitigation fees collected pursuant to the provisions of this Section shall be transmitted on a monthly basis, pursuant to the Implementation Agreement, for deposit into the Special Reserve Fund. The Fund, including interest and other income which accrues thereto, shall be expended solely for the development and implementation of the terms of the Incidental Take Permit, as it may be amended from time to time, and any successor permits.
   6. Real Property Acceptance In Lieu of Payment
      After approval by the U.S. Fish and Wildlife Service and the City Council, and upon compliance with any applicable statutory or charter provisions, the City or its designee may accept real property or interests therein in lieu of the payment of mitigation fees. The fair market value of such real property must equal or exceed the amount of the mitigation fees otherwise required to be paid.
4. Compliance with the Incidental Take Permit
   1. Except as otherwise provided in Paragraph (5) below, each person who engages in any activity within the City that is covered by the MSHCP, including without limitation residential and non-residential development, agriculture, mining, grazing, and off-highway vehicle activities, must comply with all applicable provisions of the Incidental Take Permit. Such compliance is necessary in order for the activity to be covered by a certificate of inclusion.
   2. Each person who complies with the provisions of this Section is permitted to incidentally take any species concerning which the Incidental Take Permit has been issued so long as that person has complied and continues to comply with the applicable provisions of the Incidental Take Permit and thereby has qualified for a certificate of inclusion.
   3. Each person whose activities do not require the payment of a mitigation fee pursuant to this Section but are otherwise in compliance with the applicable provisions of the Incidental Take Permit is hereby permitted, in connection with those activities, to incidentally take any species covered by the Incidental Take Permit.
   4. If the activities of any person that have been authorized by a certificate of inclusion cease to be in compliance with Paragraphs (1), (2) or (3) of this Subsection, the City is authorized to immediately revoke that certificate without additional action or notice.
   5. Property described in Subparagraph (C)(2)(c) or Subparagraph (C)(3)(b) is not covered by or subject to the Incidental Take Permit.

(Ord. 6343 §2, 09/03/14)

Effective on: 1/1/1901