The purpose of this chapter is to prescribe the requirements for, and waiver of, parcel maps. (Ord. 603, 11-1-2018)

A parcel map shall be required as set forth in this section.

   A.   Parcel Map Required: A parcel map shall be required for all subdivisions, merger and re-subdivision of existing lots, and common-interest communities consisting of four (4) or fewer units, except as provided in this section.

   B.   Exempt Divisions: A parcel map is not required when the division is for the express purpose of:

      1.   The creation or realignment of a public right-of-way by a public agency;

      2.   The creation or realignment of an easement;

      3.   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;

      4.   The purchase, transfer or development of space within an apartment building or an industrial or commercial building; or

      5.   Carrying out an order of any court of dividing land as a result of an operation of law;

      6.   Creation of cemetery plots;

      7.   A division of land for agricultural purposes in conformance with Nevada Revised Statutes 278.320, paragraph 5.

   C.   Exempt Transactions: A parcel map is not required for any of the following transactions involving land:

      1.   The creation of a lien, mortgage, deed of trust, or any other security instrument;

      2.   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;

      3.   Conveying an interest in oil, gas, minerals or building materials which are severed from the surface ownership of real property;

      4.   Conveying an interest in land acquired by the Department of Transportation pursuant to chapter 408 of Nevada Revised Statutes; or

      5.   Filing a certificate of amendment.

   D.   Waiver: A parcel map may be waived pursuant to section 15.606.16, "Waiver Of Parcel Map", of this chapter.

The following land divisions are eligible for consideration of a waiver:

      1.   Creation of sites for utility services, such as well sites, pump stations, transformer boxes, as long as the utility is a regulated utility or operated by a government entity. A waiver will require conformance with section 15.606.17, "Document Required If Parcel Map Waived", of this chapter.

   E.   Separate Lots: When two (2) or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this chapter.

   F.   Conveyance: When lots, parcels, sites, units or plots are resold or conveyed, they are exempt from the provisions of this section until further division of the lots, parcels, sites, units or plots is proposed. (Ord. 603, 11-1-2018)

A parcel map shall be based on a survey made for that purpose, unless this requirement is waived by the County Surveyor within forty five (45) days of the submittal of an application for the waiver, unless this time is extended by mutual consent. The requirement of a survey may be waived if, in the judgment of the County Surveyor, a survey is not required to accomplish the purposes of this chapter. Failure of the County Surveyor to act on the waiver request within the time prescribed in this section shall result in approval of the waiver. (Ord. 603, 11-1-2018)

A tentative parcel map must be submitted to the department for the purpose of review prior to or concurrent with submittal of the final parcel map. Every tentative parcel map shall be prepared by a professional land surveyor licensed in the State of Nevada and shall contain the following data:

   A.   Existing Parcels: Boundary lines and dimensions of the parcel being divided, regulatory zone designation, and date of creation of the parcel being proposed to be subdivided.

   B.   Merger And Resubdivision Of Pre-Existing Parcels: Pre- existing, contiguous parcels held under the same ownership may be merged into a single parcel with a simultaneous resubdivision of that parcel as proposed in the tentative parcel map.

   C.   Proposed Parcels: Proposed division lines using solid lines with dimensions of each parcel being created and required setbacks of each parcel being created that meet the requirements of this chapter using lines that are not solid.

   D.   Area: The area of the original parcel and of each proposed new parcel.

   E.   Rights-Of-Way: Names, locations and widths of all streets, alleys or rights-of-way adjoining the property showing relationships to the streets in the proposed parcel map.

   F.   Easements: The dimensions and approximate location of all existing or proposed road easements, slope and curve easements, conservation easements, open space easements, recreation or trail easements, drainage easements, sewer easements, water conveyance/irrigation ditch easements, or public utility easements, whether for public or private purposes.

   G.   North Point And Scale: North arrow and scale of drawing.

   H.   Street Names: All street names, denoting if they are existing or proposed.

   I.   Parcel Data: Parcel designation and a graphic border around the proposed division. The area of each parcel and lot, and the total area of land to be divided. If the area is two (2) acres or more, the area shall be calculated to the nearest one- hundredth (1/100) of an acre. If the area is less than two (2) acres, then the area shall be calculated in square feet.

   J.   Monuments: All monuments found, set, re-set, replaced or removed, describing their size and location and other data.

   K.   Bearings: Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map.

   L.   Legal Designation: The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.

   M.   Date Of Survey: The date of the survey.

   N.   Owners: The owner or owners of the land to be divided.

   O.   Vicinity Map: A vicinity map of the location of the map.

   P.   Other Data: Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines, area shown and required yards. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

The following data shall accompany a tentative parcel map:

   A.   Owner: Name, legal address and telephone number of the owner of the land. In addition, an affidavit from the legal owner of the land acknowledging that a tentative parcel map is being prepared with his permission. If the subdivider of the land is different from the owner of the land, the name, legal address and telephone number of that person shall also be included.

   B.   Preparer: Name, address and telephone number of the person who prepared the map.

   C.   Legal Description: Legal description of original parcel. It is sufficient to give the County Recorder's book and page of deed or document and the County Assessor's parcel number.

   D.   Zoning: Zoning designation for each parcel.

   E.   Proposed Use: Proposed use of each parcel.

   F.   Water Supply And Sewage: Source of water supply and proposed method of sewage disposal for each parcel.

   G.   Survey Computations: A copy of all survey computations.

   H.   Existing Structures: If applicable, a map showing all structures located on the property and their distances from the existing and proposed property lines and each other, and all septic (including septic tank and leach lines) and well locations.

   I.   Slope: A general indication of the slope of the land using contour intervals of no greater than two feet (2') where slopes are less than ten percent (10%), and no greater than five feet (5') where slopes exceed ten percent (10%). (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

The tentative parcel map shall be legibly drawn in permanent black ink on material of a permanent nature generally used for such purposes in the engineering profession. The size of each sheet must be 24 inches by 32 inches. A marginal line must be drawn completely 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. (Ord. 603, 11-1-2018)

The review procedures for tentative parcel maps shall be as set forth in this section.

   A.   Filing: The subdivider shall file with the department a complete application and the required supporting materials as outlined in sections 15.606.04 and 15.606.05 of this chapter and the application packet. The subdivider shall pay the required fees upon acceptance of a complete application.

   B.   Application Review: The department will review the submitted packet and accept or reject the application as complete within three (3) working days after the published application submittal date. If the application is deemed complete by the department, then the department shall distribute the parcel map application to the appropriate reviewing agencies for comments regarding compliance with their regulations, standards and policies. The department will compile those comments into a staff report for the Planning Commission.

   C.   Action Required By The Planning Commission: The commission shall approve, conditionally approve, or disapprove the tentative parcel map within sixty (60) days of the date that the application is determined to be complete, unless the time limit is extended in writing by the mutual consent of the subdivider and the commission. Failure of the commission to take action within the time prescribed in this section shall result in approval of the parcel map.

   D.   Review Criteria: Prior to approving a tentative parcel map, the commission shall determine that the following are or will be adequately provided for:

      1.   General improvement considerations for all parcel maps including, but not limited to:

         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 for the reasonably foreseeable needs of the subdivision;

         c.   Conformity with the zoning ordinances and master plan;

         d.   General conformity with the Governing Body's master plan of streets and highways;

         e.   Physical characteristics of the land such as floodplain, slope and soil;

         f.   The recommendations and comments of those entities reviewing the tentative parcel map;

         g.   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;

      2.   Where an applicant proposes to create parcels of less than one acre, the commission may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.

      3.   For a second or subsequent parcel map with respect to a single parcel or a contiguous tract of land under the same ownership, the commission may require any reasonable improvement up to those required for subdivisions.

   E.   Conditions: An approval of any tentative parcel map may be subject to conditions relating to the items specified in subsection D, "Review Criteria", of this section, as are reasonably necessary.

   F.   Notice Of Action: The applicant shall be notified in writing of the decision of the commission. If the tentative parcel map is conditionally approved, the notice of decision shall contain a statement of all conditions imposed. If the tentative parcel map is disapproved, a statement of the reasons for such disapproval shall be included.

   G.   No Guarantee Of Final Map Approval: Approval or conditional approval of a tentative parcel map imposes no obligation on the part of the Director, or the Board to approve the final parcel map or to accept any public dedication shown on the tentative or final parcel map.

   H.   Cessation Of Further Action: Failure to submit a complete final parcel map and pay the required fees within one year from the date of approval shall render the tentative parcel map approval as expired. (Ord. 603, 11-1-2018)

After approval or conditional approval of the tentative parcel map, the applicant may submit a final parcel map for review. (Ord. 603, 11-1-2018)

The final parcel map shall be legibly drawn in permanent black 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 must be 24 inches by 32 inches. A marginal line must be drawn completely 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. (Ord. 603, 11-1-2018)

In addition to the information required by section 15.606.04 of this chapter, the following information must be shown on the final parcel map:

   A.   Monuments: All monuments found, set, reset, replaced or removed, describing their kind, location and giving other data relating thereto;

   B.   Oaths: A memorandum of oaths;

   C.   Surveyor: The signature of the Nevada licensed surveyor;

   D.   Owners: The signature of the owner or owners of the land to be divided;

   E.   Easements And Dedications: Any easements granted or dedications made including, but not limited to, public utility access easements, water conveyance/irrigation ditch maintenance access easements, public or private access easements, and community water and wastewater system easements; and

   F.   Survey: Name of the person or persons for whom the survey on which the map is based was made. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

The review procedures for final parcel maps shall be as set forth in this section.

   A.   Filing: The subdivider shall file with the department and County Engineer a final parcel map application and the required supporting materials showing that all conditions imposed by the commission have been met within one year of the date of approval of the tentative parcel map. The subdivider shall pay the required fees upon the filing of the final parcel map.

   B.   Application Review: The department and County Engineer will review the submitted final parcel map and supporting materials and recommend to the Director acceptance or rejection of the map as complete within fourteen (14) working days after submittal, unless the time limit is extended in writing by the mutual consent of the subdivider and the Director.

   C.   Action Required By Director: Within twenty five (25) working days of submittal of the final parcel map application, the Director shall determine whether the conditions placed on the tentative parcel map approval have been met. The final parcel map application shall be considered incomplete if the Director cannot make a determination that all of the tentative map conditions have been met. If the final parcel map is determined to be complete, the Director shall approve or disapprove the map within thirty (30) working days of the submittal date, unless the time limit is extended in writing by the mutual consent of the subdivider and the Director.

   D.   Review Criteria: Prior to approving a final parcel map, the Director shall determine that the following have been met:

      1.   Completion of all conditions imposed on the subdivision prior to approval of the final parcel map or, in the alternative, acceptance by the Director and County Engineer of a satisfactory guarantee of completion and faithful performance of all conditions. The amount of the guarantee shall be in a sum which, in the opinion of the County Engineer, equals one hundred fifty percent (150%) of the cost of performance of the conditions. If a subdivider fails to perform any condition within the time specified, the Board, upon recommendation of the Director and County Engineer, may cause the guarantee to be forfeited in an amount necessary to finish the uncompleted portion of the work. If a security was previously posted to guarantee completion of improvements for two (2) or more contiguous parcels and those improvements will not be completed because of a merger and subsequent re-subdivision pursuant to this chapter, a credit on a pro-rata basis of the security posted by the owner shall be credited toward the financial assurance required for the parcel map re-subdivision.

      2.   Completion of all certificates and statements required by section 15.606.13 of this chapter.

   E.   Notice Of Action: The applicant shall be notified in writing of the decision of the Director. If the final parcel map is disapproved, a statement of the reasons for such disapproval shall be included. (Ord. 603, 11-1-2018)

All appeals regarding tentative and final parcel maps shall be made as provided in this section.

   A.   Process For Tentative Parcel Map: For thirty (30) days following the notification of the decision, a decision of the commission may be appealed to the Board.

      1.   The statement of appeal shall be filed with the department, set forth the particular actions or conditions appealed, the reasons for the appeal, and shall be accompanied by all supporting documentation.

      2.   The department shall set an appeal hearing before the Board within thirty (30) days of receipt of a complete statement of appeal.

      3.   If the Board fails to render a decision after sixty (60) days of the scheduled appeal hearing, the appeal shall be deemed to have been decided in favor of the appellant.

   B.   Process For Final Parcel Map: For fifteen (15) days following the notification of the decision, a decision of the Director to deny a final parcel map may be appealed to the Board.

      1.   The statement of appeal shall be filed with the department, set forth the particular actions or conditions appealed, the reasons for the appeal, and shall be accompanied by all supporting documentation.

      2.   The department shall set an appeal hearing before the Board within thirty (30) days of receipt of a complete statement of appeal.

      3.   If the Board fails to render a decision after sixty (60) days of the scheduled appeal hearing, the appeal shall be deemed to have been decided in favor of the appellant.

   C.   Final Action On Appeal: The Board shall take action on the appeal within the time prescribed above.

      1.   The Board may impose additional conditions on the parcel map, provided the conditions are related to the review criteria in section 15.606.07 of this chapter.

      2.   Any disapproval or conditional approval must include a statement of the reason for that action and must be acted upon by an affirmative vote of a majority of the full membership of the Board. In the case of a tie vote due to the absence of a member, the appeal shall be continued to a future meeting unless requested otherwise by the appellant.

   D.   Notice Of Final Action: Within ten (10) days of the final action, the Director shall report to the applicant concerning the decision of the Board. Such report shall contain, at a minimum, any additional conditions placed upon the parcel map, the statement of the reason for the final action, and a statement that the Board's decision is final for the purpose of judicial review. (Ord. 603, 11-1-2018)

Language satisfying the intent of the following certificates and statements shall appear on a parcel map before it can be filed for record. Final parcel maps that have been approved for recordation prior to the date of adoption of this title, but which have not been recorded, shall not be required to comply with this section.

   A.   Certificate Of Director: A certificate for execution by the Director stating that the map has been approved for subdivision purposes and accepted or rejected on behalf of the public any parcel of land, or portion of a parcel, offered for dedication for public use in conformity with the terms of the offer of dedication. If the final parcel map includes a merger of pre- existing lots and the re-subdivision of those lots, the certificate shall acknowledge that any public streets, easements or utility easements that will not remain were abandoned pursuant to chapter 601 of this title.

   B.   Certificate Of Surveyor: A certificate by the Nevada licensed surveyor responsible for the parcel map giving the date of 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. This certificate shall also state:

      1.   That the monuments are of the character and occupy the position indicated or that they will be set in such positions and at such time as is agreed upon under the provisions of chapter 278 of Nevada Revised Statutes;

      2.   That the monuments are or will be sufficient to enable the survey to be retraced; and

      3.   The completion date.

   C.   Certificate Of Record Title Owner: A certificate signed and acknowledged by all persons having any record title in the land subdivided, evidencing their grant or permanent easements for utility installations and access, as designated on the map.

   D.   Certificate Of Public Utilities Concerning Easements: A statement acknowledging 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 platted parcels. It is the responsibility of the applicant to obtain acknowledgement of serving utility companies as to location of any utility easements which are to be shown on the parcel map.

   E.   Statement From County Treasurer: A written statement by the County Treasurer indicating that all Property Taxes on the land have been paid for the period identified in Nevada Revised Statutes 278.

   F.   Guarantee Of Title: A subdivision guarantee of title, in a form acceptable to the County Engineer and District Attorney, issued by a competent title company to and for the benefit and protection of the County. Said guarantee of title shall be continued complete up to the instant of filing the final map with the County Recorder, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgements thereto, appear on the proper statements and are correctly shown on the map, both as to contents as to the making thereof and affidavits of dedication where necessary.

   G.   Certificate Of The County Utility Department Or Other Utility Concerning Water Right Dedications: A certificate for execution by the County Utilities Director or other applicable authorized utility representative stating that the provisions of chapter 110 of this title related to the dedication of water resources have been satisfied.

   H.   If the property includes, impacts, or is adjacent to an irrigation or drainage ditch, a certificate of the appropriate irrigation ditch company and/or conservation district stating that all irrigation water conveyance facilities and associated access and maintenance easements or rights-of-way are depicted on the map and that all required improvements have been completed.

   I.   A certificate stating that each holder of record of a security interest consents to the preparation and recordation of the boundary line adjustment record of survey map. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

The approved parcel map with the certificates and statements set forth in section 15.606.13 of this chapter and the required filing fee advanced by the owner shall be transmitted to the County Recorder by the subdivider for recording and filing. The land division is complete when the approved parcel map with its required certificates and statements have been filed in the Office of the County Recorder within one year from the date of approval of the tentative parcel map. There shall be no extension of this time period. The recordation time shall be extended as a part of the one year time period set forth in this section should an appeal be filed with the Director until the date of the Board action on the appeal plus an additional ten (10) days.

Prior to recordation, the final parcel map shall be provided to the County Engineer in form and format compatible with the county geographic information system (GIS). The scale of the map, improvements, monuments, and other information shall be placed in the model space correctly oriented to the coordinate system as approved by the Public Works Director. The cover/signature sheet and standard details sheet need not be included. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)

Failure of the subdivider to record an approved parcel map within one year from the date of approval of the tentative parcel map requires that all proceedings on the parcel map terminate, and a new application shall be required. There shall be no extension of this time frame. The expiration date shall be extended as part of the one year time period set forth in this section should an appeal be filed. The expiration date for an approved tentative parcel map shall become the date of the Board action on the appeal plus an additional ten (10) days. If an approved parcel map is not recorded within the time frames listed above, all proceedings concerning the parcel map are terminated. (Ord. 603, 11-1-2018)

The requirement for filing a parcel map for divisions of land into four (4) or less parcels may be waived by the commission, if it finds all the following:

   A.   Conformity With Laws: That the proposed division of land complies with chapter 278 of Nevada Revised Statutes and this title;

   B.   Conformity With Regulations: That the proposed division of land conforms to State and County requirements as to area, improvement and design, and flood water drainage control;

   C.   Environmental Effects: That the proposed division of land will not have an adverse effect on the environment;

   D.   Conformity With Master Plan: That the proposed division of land conforms to the Lyon County Comprehensive Master Plan, including community plans and any specific plans adopted by the County;

   E.   Change In Nonconformity: That no existing nonconformity with the other divisions in this title will be increased;

   F.   Conformity With Other Ordinances: That the proposed division of land complies with all other County ordinances;

   G.   Lack Of Need: That unusual circumstances exist so that a parcel map is not necessary to insure proper legal description of property and proper monuments are in place to identify the location of property lines; and

   H.   Facilities: That appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available. (Ord. 603, 11-1-2018)

If the requirement for a parcel map is waived by the commission, said requirement having been waived within sixty (60) days of the date of the request to waive the tentative map requirement, the applicant shall comply with the provisions of this section.

   A.   Document Recordation: The County Surveyor may require the applicant to prepare and record a document which contains:

      1.   A legal description of all parts based on a system of rectangular surveys;

      2.   A provision for the dedication or reservation of any road right-of-way or easement; and

      3.   The approval of the authority which granted the waiver.

   B.   Description Of Metes And Bounds: The County Surveyor shall require a description of metes and bounds if necessary to describe the parcel division. The description shall be prepared by a Nevada licensed professional land surveyor with a signature and stamp.

   C.   Waiver: The person preparing the document shall include the following statement:

   D.   Statement Indicating That No Property Taxes Delinquent: A document recorded pursuant to this section shall be accompanied by a written statement by the County Treasurer indicating that all Property Taxes on the land have been paid pursuant to Nevada Revised Statutes 278. (Ord. 603, 11-1-2018)