Step 1 | Applicant files and pays deposit fee for technical review with the zoning official, on behalf of the city engineer. |
Step 2 | Applicant files application and fee with zoning official. |
Step 3 | Zoning official determines completeness of application. |
Step 4 | Zoning official determines compliance with tentative map. |
Step 5 | City engineer/zoning official signs final map Mylar. |
Step 6 | Applicant, or any aggrieved party may appeal decision of zoning official to city council. |
Step 7 | The approved final map is filed with the county recorder. |
A. Purpose: Final map approval is required at the completion of the major subdivision process so that the subdivision map can be recorded, dedications can be made and building construction can begin.
1. Application Required: A final map application must be filed and the final map recorded, prior to the expiration of the tentative map.
2. Approval And Recordation Necessary: Final map approval and recordation are necessary prerequisites to the transfer of any lots on the subject property or the issuance of any building permits for the development.
1. Staff Conference: Before any application is made, the applicant is encouraged to confer with the zoning official and staff review committee to discuss, in general, the procedures and requirements for final map approval pursuant to these regulations.
2. Technical Review: Prior to or concurrent with the filing of any final map application with the zoning official, the subdivider shall submit the proposed final map for technical engineering review, accompanied by the map checking fee.
a. The city engineer shall review the plans, specifications and bond estimates for the subdivision improvements for conformance with the tentative map conditions and city standards. The subdivider shall make corrections and/or additions until acceptable to the city engineer.
3. Application: A property owner or his/her designated representative shall initiate a final map approval request by filing an application with the zoning official and paying the final map application fee as determined by the city council.
4. Contents: A final map application shall include:
a. A completed and signed application form;
b. Current, completed, and fully signed property owner affidavits;
c. A sufficient number of copies of the proposed final map as specified on the application;
d. Copies of the additional information required pursuant to subsection D of this section and as specified on the application;
e. The applicable deposit fees for filing and reviewing the map; and
f. An off site agreement in writing on a form provided by the city attorney that the developer will install all of the improvements required herein.
A final map shall not be accepted for review after the expiration of the tentative map.
D. Contents: The final map shall be prepared on twenty four inch by thirty two inch (24" x 32") tracing cloth, Mylar or similar quality material at a scale of one inch equals one hundred feet (1" = 100') or larger, unless specifically waived by the zoning official. Each map shall have a one inch (1") margin along the top, bottom and right edges with a two inch (2") margin along the left edge. The final map shall show or have attached the following information:
1. Subdivision Name: Name of the subdivision which shall neither duplicate nor too closely resemble the name of any existing subdivision unless this is the continuation of an existing subdivision;
2. Scale: Date, scale and north arrow on each page. The scale shall be one inch equals one hundred feet (1" = 100') unless specifically waived by the zoning official, and shall be shown graphically and in feet per inch. Each sheet of the map shall indicate its page number in relation to the total number of sheets;
3. Acreage: Total acreage of the proposed subdivision to the nearest one-hundredth of an acre if the area is two (2) acres or more; or in square feet if the area is less than two (2) acres;
4. Boundary Location: The location of the boundary in reference to existing official monuments or the nearest established street lines, including the angles and distances to such reference points or monuments shall be furnished. The map shall show all monumentation, which shall be installed as required by the city engineer in a manner that meets or exceeds current minimum standards for property boundary surveys;
5. Location; Bearings; Distances: The location by section, tract, township, range, city, county and state, including descriptive boundaries of the subdivision based on an accurate traverse giving angular and linear dimensions which shall mathematically close and which shall be tied to the Virgin Valley geodetic control network grid system. Bearings and distances of all exterior boundary lines and along the centerlines of streets shall be furnished;
6. Legal Description: The legal description of the entire parcel to be subdivided;
7. Street Descriptions: The names, lines and right of way widths of all proposed streets;
8. Common Areas And Dedications: Each lot or parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated. Private streets shall be designated by a street name and the letter (P) in parentheses. For example: Shadow Creek Drive (P). All lots, parcels, or streets to be held in common ownership shall be designated as lettered lots, and shall have their acreage designated on the plat. All lots or parcels offered to be dedicated to the city or other public entity for public use shall be designated as lettered lots, and shall have their acreage designated on the plat. The final map shall conform to the city's street naming and addressing policy;
9. Adjoining Land Boundary Lines: The boundary lines of all adjoining lands for a distance of one hundred fifty feet (150') and showing (with dotted lines) the right of way lines and adjacent streets and alleys with their widths and names;
10. Easements: Easements for rights of way provided for public use, services or utilities, including aviation easements, with figures showing their dimensions and listing uses that are being provided; all general public utility easements shall be at least ten feet (10') wide along front and back property lines, and five feet (5') along side property lines, except in PUDs where other easement dimensions may be approved by the city council;
11. Dimensions And Bearings: All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the subdivision, blocks, lots, streets, easements, and other areas to be dedicated for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot;
12. Area In Square Feet: Area in square feet for each lot or parcel under two (2) acres, or in acres to the nearest one-hundredth of an acre if the area is two (2) acres or more, which shall equal or exceed applicable zoning ordinance requirements;
13. Subdivision Drawing: An accurate drawing of the proposed subdivision with the lots clearly numbered in sequence. If the blocks are to be numbered or lettered, these should be shown clearly in the center of the block;
14. Construction Drawings: Approved construction drawings conforming with the requirements of these regulations, for all roadway, grading, sanitary sewerage system, storm drainage facilities, water distribution system and other pertinent site improvements. Three (3) sets of such construction drawings shall be submitted and approved prior to recordation of final map;
15. Dedicated Area Boundary Lines: Boundary lines and description of the boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use;
16. Draft Deed Restrictions; Covenants: Two (2) copies of all deed restrictions and/or protective covenants and, if applicable, articles of incorporation and bylaws of a homeowners' association for the proposed subdivision;
17. Dedication Statement: A statement dedicating all easements, streets, alleys and other public areas not previously dedicated;
18. Other Pertinent Information: Other information pertaining to the proposed development as may be determined to be necessary from time to time by the planning commission or city council to facilitate review of the final map.
E. Certificates Required: Language shall be provided on the final map that satisfies the intent of the following certificates:
1. Certificate Of Owner Of Land: A signed and acknowledged certificate:
a. Consenting to the preparation and recordation of the final map;
b. Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein;
c. Reserving any parcel from dedication;
d. Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.
2. Certificate Of Title Company: For all common interest communities and for other subdivisions where required by the zoning official, a signed and acknowledged certificate:
a. Certifying that each person signing the final map owns of record an interest in the land and that all of the owners of record of the land have signed the final map; and
b. Listing any lien or mortgage holders of record. For a common interest community, the certificate must show that there are no liens against the common interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
c. For the purposes of this section, neither a lien for taxes or special assessment nor a trust interest criteria bond indenture shall be deemed to be an interest in land.
3. Certificate Of Professional Land Surveyor: A signed and acknowledged certificate in the following form:
I, (Name of Surveyor), a Professional Land Surveyor licensed in the State of Nevada, certify that:
1. This plat represents the results of a survey conducted under my direct supervision at the instance of (Owner, Trustee, Etc.)
2. The lands surveyed lie within (Section(s), Township, Range, Meridian and, if required by the governing body, a description by metes and bounds for any subdivision which is divided into lots containing 5 acres in area or less) and the survey was completed on (date).
3. This plat complies with the applicable State statutes and any local ordinances in effect on the date that the governing body or authorized person gave its final approval.
4. The monuments depicted on the plat are of the character shown, occupy the positions indicated and are of sufficient number and durability.
4. The monuments depicted on the plat will be of the character shown and occupy the positions indicated by (a day certain) and an appropriate financial guarantee will be posted with the governing body or authorized person before recordation to ensure the installation of the monuments.
4. City Engineer: A signed and acknowledged certificate stating that the city engineer (a licensed professional land surveyor or civil engineer):
a. Has examined the final map;
b. The map is technically correct;
c. If monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a specified date; and
d. 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.
5. Certificate Of Health Division Of Department Of Human Resources: A signed and acknowledged certificate indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. This certificate may be issued by the local agency acting pursuant to Nevada Revised Statutes 278.335.
6. Water Quantity Certificate:
a. A signed and acknowledged certificate from the Nevada department of conservation and natural resources, division of water resources shall be included showing that the final map is approved concerning water quantity.
b. A copy of this certificate shall be provided to each purchaser of land before any sale is completed.
c. This statement is not a warranty or representation in favor of any person as to the safety or quantity of such water.
7. Zoning Official Certificate:
a. A signed and acknowledged certificate from the zoning official shall be included showing that the final map is approved, that it substantially complies with the tentative map and that all conditions have been met. (Ord. 356, 9-26-2006, eff. 10-19-2006)
F. Reserved. (Ord. 382, 8-28-2007, eff. 9-20-2007)
G. Substantial Compliance With Tentative Map: The zoning official shall review the map for substantial compliance with the approved or conditionally approved tentative map. If the final map for a subdivision is found to deviate from the approved tentative map, the applicant will be required to submit a new final map if the deviations are eliminated, or a new tentative map if the deviations are retained. If a new tentative map is required, the applicant must comply with other applicable land development regulations at the time of resubmittal. Substantial deviations shall include, but are not necessarily limited to, the following:
1. Street Location Or Design: A change in the location or design of a public street;
2. Layout: A change in the layout of lots or blocks;
3. Lot Access: A change in access to lots;
4. Reserved Areas: A change in areas, streets or rights of way to be reserved or dedicated;
5. Buffering: A change in the extent of buffering between the proposed subdivision and adjacent areas and/or land uses.
1. Guidelines For Decision: The zoning official shall consider the following criteria in making a decision on the final map:
a. The final map substantially conforms to the approved tentative map and any conditions and exceptions granted pursuant thereto;
b. The final map conforms to all applicable requirements of these regulations, the zoning ordinance and other applicable land development regulations, including Nevada Revised Statutes 278.010 to 278.630 inclusive;
c. All submission requirements of these regulations have been satisfied.
2. Approval: If the proposed final map is approved:
a. The city engineer shall sign and acknowledge a certificate that the city has approved the map and 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;
b. The zoning official shall certify on the final map that it substantially complies with the tentative map and all conditions have been met;
c. The city engineer shall accept or reject any or all offers of dedication and may, as a condition precedent to the acceptance of any streets or easements, require that the applicant improve or agree to improve the streets or easements. Such agreement, at the determination of the city engineer may be secured by a good and sufficient bond or other security in an amount determined by the city engineer.
3. Denial: If the final map is denied, the applicant shall be notified pursuant to subsection 9-4-2E of this title. If the time frame for the tentative map has not expired, the applicant may submit a new final map within the remaining time frame. If the tentative map approval is about to expire, the applicant may request an extension pursuant to section
9-4-10 of this title and submit a new final map within that time. If the tentative map has expired, the applicant must submit a new tentative map.
4. Time Extensions: If the subdivider fails to record a final map for any portion of the tentative map within the time required by Nevada Revised Statutes chapter 278, all proceedings are terminated and a new application is required. The city council may grant extensions as allowed by Nevada Revised Statutes 278.360.
5. Appeal: Any requirement imposed by the planning commission or zoning official, or other authorized person or agency pursuant to this section may be appealed to the governing body in accordance with the procedures established in subsections 9-4-9B, "Appeals", and 9-4-9C, "Judicial Appeals", of this title and Nevada Revised Statutes 278.3195. If such an appeal is filed, the limit on time to record the final map is extended until ten (10) days after:
a. The decision of the governing body on the appeal; or
b. The decision of the district court, if the decision of the governing body is appealed to the district court.
I. Effect Of Final Map Approval:
1. Right Of Applicant: Final map approval and subsequent recordation shall confer upon the applicant the right to apply for building permits and to develop the subject tract or parcel pursuant to the terms and conditions pursuant to which the final map approval was granted by the city engineer.
2. Lot Sales: No lot in the subdivision may be sold until the final map has been officially recorded.
3. Title: Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use. Such an acceptance must be recorded in the office of the city recorder and be so noted by the recorder on the subdivision plot, if the county recorder does not maintain a cumulative index for such plots and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
J. Filing And Recordation:
1. The developer is responsible for final map recordation by county recorder.
a. The final map shall be recorded within thirty (30) days of the date of signature by the city engineer or the public works director.
2. The county recorder shall not record any final map unless the map:
a. Contains all of the certificates of approval, conveyance and consent required by the provisions of Nevada Revised Statutes sections 278.374 through 278.378 and incorporated in subsection D of this section; and
b. Is accompanied by a written statement signed by the county treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid; and
c. The date of signature by the city engineer is not over thirty (30) days old.
3. The responsible professional land surveyor shall furnish to the city engineer a conformed copy of the recorded map or plat within fifteen (15) days after the date of recording.
4. No city employee or official shall recognize the effect of any map or plat recorded in violation of this code.
K. Improvements To Precede Building Permits: Building permits shall not be issued for any structure within the boundaries of the subdivision until all of the required improvements have been constructed, are available to each lot in the subdivision, and have been inspected and approved by the public works director, unless said improvements are subject to a subdivision improvement agreement or bond, or specifically authorized by the city engineer in conjunction with final map approval. If bonded, no occupancy permit shall be issued until all improvements are complete. (Ord. 356, 9-26-2006, eff. 10-19-2006)