DIVISION OF LAND INTO LARGE PARCELS
Sections:
20.716.010 General procedures.
20.716.020 Applicability.
20.716.030 Tentative land division map procedure.
20.716.040 Findings for tentative map.
20.716.050 Duration, extension and amendment of tentative
map of division into large parcels.
20.716.060 Final land division map procedure.
20.716.070 Effect of approval.
20.716.080 Recording.
20.716.010 General procedures.
Except as provided in section 20.716.030, all land division
applications shall be processed in two stages:
1) Application for tentative map of division
into large parcels and 2) application for final
map of division into large parcels. The director
shall be the designated official. The board
shall be the final decision-maker for purposes
of final maps of division of land into large
parcels. (Ord. 763, 1996) 
20.716.020 Applicability.
All owners of land or their authorized representatives
who propose to divide any land or portion thereof,
vacant or improved, for transfer or development
into lots or parcels, each of which is at least: 1)
one-sixteenth (1/16) of a section as described
by government land office survey; or 2) 40 acres
in area, including roads and easements, shall
file an application for approval of a tentative
map of division into large parcels; provided
that, the provisions of this chapter shall not
apply to the proposed division of land where
each lot is at least one section or 640 acres. (Ord.
763, 1996; Ord. 390, 1981)
20.716.030 Tentative land division map procedure.
A. Application. Prior to dividing land pursuant
to the provisions of this chapter, the owner
of the land, or his authorized representative,
shall tender a completed application for a tentative
map of division into large parcels with the department
in accordance with the established and published
submittal schedule. The application shall be
made on forms supplied by the department and
shall contain the following information:
1. A description of all contiguous holdings of the
owner, including land in the same ownership as
defined herein, with indication of the portion
of the property which is to be subdivided;
2. The number of copies of the tentative land division
map, with contents as prescribed in the application
form;
3. A certificate from the county treasurer stating
that no taxes or assessments are delinquent;
4. Such other information necessary for review of
the tentative land division map as shall be required
in accordance with administrative regulations
or this code;
5. The claimant number under the Alpine Decree or
any other court decree, identity and location
of any existing or proposed drainage conveyance
ditches, or other irrigation water conveyance
structure within or adjacent to the proposed
land division map. The land division map must
also provide typical channel centerline, right-of-way
and ditch width of the conveyance ditch through
the property, and arrows indicating direction
of irrigation flow. The committee may, when necessary
for its review, require additional information
documenting existing and proposed conveyance
ditch capacity. If the proposed parceling includes
water impoundment there must be identification
of the source of water and documentation of the
state engineer’s approval;
6. Any other information necessary for review of
the tentative map established by the director.
B. Form and contents of tentative map of division
into large parcels. Every tentative map shall
be entitled: “Tentative Map of Division Into
Large Parcels”; and be prepared and certified
by a professional land surveyor, and shall show
the following data and information:
1. The approximate, calculated or actual acreage
of each lot and the total acreage of the land
to be divided;
2. All roads or easements of access which exist,
are proposed in the applicable master plan or
are proposed by the person who intends to divide
the land;
3. Any easements for public utilities which exist
or which are proposed;
4. Any existing easements for irrigation or drainage,
and any normally continuous flowing watercourses
and the claimant number under the Alpine Decree
or any other court decree, identity and location
of any conveyance ditches or other irrigation
water conveyance structure within the proposed
land division map. The land division map must
also provide typical channel centerline, right-of-way
and ditch width of the conveyance ditch through
the property, and arrows indicating direction
of irrigation flow. The water conveyance advisory
committee may, when necessary for its review,
require additional information documenting existing
and proposed conveyance ditch capacity. If the
proposed division of land includes water impoundment
there must be identification of the source of
water and documentation of the state engineer
s approval;
5. An indication of any existing road or easement
which the owner does not intend to dedicate;
and
6. The name and address of the owner(s) of the land.
C. Processing by director. The director shall process
the application for tentative map approval pursuant
to chapter 20.04. Pursuant to chapter
20.24,
the director shall schedule the application for
public hearing before the commission.
D. Hearing notice and procedure. Notice of the
hearing before the commission shall be provided
in accordance with chapter 20.20. Hearings shall
be held in accordance with the procedures established
in chapter 20.24.
E. Planning commission action. Within 45 days after
the official filing date, unless the time is
extended by mutual consent of the applicant and
the commission, the commission shall, following
a public hearing, approve, conditionally approve
or disapprove the tentative map of division into
large parcels by a majority vote of the members
present. The review and decision of the commission
shall conform to the provisions of chapter 20.10. The
commission shall set forth findings and reasons
for its decisions in accordance with the criteria
identified in section 20.716.040. Appeals from
the decision of the commission shall be processed
in accordance with chapter 20.28. (Ord. 801,
1998; Ord. 763, 1996; Ord. 539, 1991; Ord. 390,
1981)
20.716.040 Findings for tentative map.
A. The commission, in rendering its decision on
the tentative map, shall base approval on finding
in the affirmative the following:
1. The tentative map meets the formal requirements
of this chapter and NRS;
2. The tentative map secures adequate access for
subsequent purchasers;
3. Where applicable, the tentative map secures the
ability to irrigate and drain each parcel, consistent
with the water rights appurtenant, and that the
rights of downstream users are secured and not
impaired;
4. The location and width of easements for roads
and public utilities are adequate for the area
to be divided;
5. The location and width of easements for drainage
and irrigation purposes are adequate for the
area to be divided; and
6. There are no delinquent taxes or assessments
on the land to be divided, as certified by the
county treasurer. (Ord. 763, 1996; Ord. 539,
1991; Ord. 390, 1981)
20.716.050 Duration, extension and amendment of tentative
map of division into large parcels.
A. Time for submission of final map. Unless the
time is extended by the commission in the manner
set forth in paragraph B, the applicant shall
present a final map of division into large parcels,
prepared in accordance with the tentative map,
to the board. The final map shall include the
entire area for which a tentative map has been
approved. The final map shall be filed within
one year from the date of approval of the tentative
map by the commission or the date that the requirement
of its filing was waived pursuant to chapter
20.716.030.
B. Extension of tentative map. The commission may
extend the period for presentation of any final
map of division into large parcels for not more
than one year after the expiration of the initial
one-year period for presenting the final map,
upon application to the department. The extension
shall be consistent with any applicable policies
of the master plan and may include conditions
requiring compliance with the current provisions
of the land development code. Extension requests
shall be filed within the time provided in chapter
20.30. If a party is aggrieved by the decision
of the commission concerning an application for
extension, the party may appeal such determination
in accordance with the provisions of chapter
20.28.
C. Amendment of tentative map. At any time after
tentative map approval, and before the time required
for presentation of a final map, the applicant
may request amendment to the approval or conditional
approval of the tentative map. The director
may approve minor tentative map amendments, subject
to appeal to the commission in accordance with
chapter 20.28. Major amendments shall be determined
in accordance with the procedure for original
approval of the tentative map under this chapter.
Additional conditions which are reasonably related
to the proposed amendment may be attached to
approval of the tentative map amendment. An applicant
who is unwilling to accept conditions attached
to the proposed amendment may withdraw the amendment.
Action on the application for amendment of the
tentative map shall not stay the period for presenting
a final map, unless a request for extension pursuant
to paragraph B is approved. (Ord. 763, 1996;
Ord. 390, 1981)
20.716.060 Final land division map procedure.
A. Application requirements. Following approval of the
tentative map, the applicant, if he wishes
to proceed with the land division, shall file
with the board through the department an application
for final approval and recordation of the final
map, prepared on standardized forms available
at the department. The application shall be
filed in accordance with the published submittal
schedule. The application shall contain the
following information:
1. The original linen and at least five blueline
copies of the final map in the form required
by paragraph B, containing the information and
the certificates of acknowledgment required by
paragraphs C and D;
2. The fee for final map approval set by resolution
of the board;
3. A certificate from the county treasurer stating
that no taxes or assessments are delinquent;
and
4. Other items listed on the application form.
B. Form of final map. The final map shall:
1. Be clearly and legibly drawn or stamped in black
waterproof India ink upon good tracing cloth
or produced by the use of other materials of
a permanent nature generally used for such purposes
in the engineering profession;
2. Be entitled, "Map of Division into Large
Parcels";
3. Be 24 inches by 32 inches in size, a with a marginal
line drawn completely around each sheet leaving
an entirely black margin of one inch at the bottom,
top and right edges and two inches at the left
edge along the 24-inch dimension;
4. Be of a scale large enough to show clearly all
details;
5. Be prepared by a registered land surveyor;
6. Be based upon an actual survey by the preparer
which shows the date of the survey, or based
upon the most recent government survey;
7. Show the date of approval of the government survey
and contain a certificate by the preparer that
the parcels contain the number of acres shown
for each parcel; and
8. Clearly state the particular number of the sheet
and the total of sheets comprising the final
map on each of the sheets, and its relationship
to each adjoining sheet.
C. Contents of final map. Every final map shall include
all data required for the tentative map and
all changes required as conditions of tentative
map approval, and shall contain in addition
the following:
1. All lots by number and actual acreage of each
lot;
2. All roads or easements of access which exist
and which the owner intends to offer for dedication,
all roads or easements or access which are shown
on the applicable master plan, and all roads
or easements of access which are specifically
required by the commission or governing body;
3. Any easements for public utilities which exist
or are proposed;
4. Any existing easements for irrigation or drainage,
and any normally continuously flowing watercourses
and the claimant number under the Alpine Decree
or any other court decree, identity and location
of any conveyance ditches or other irrigation
water structure within the proposed land division
map. The land division map must also provided
typical channel cross sections with dimensions,
centerline, average slope through the property
and designed flow capacity of conveyance structures
and arrows indicating direction of irrigation
flow. If the proposed division of land includes
water impoundment there must be identification
of the source of water and documentation of the
state engineer s approval; and
5. An offer or offers to dedicate the utility and
right-of-way easements.
D. Final map certificates. The following certificates
shall appear on the final map and shall be
combined when appropriate:
1. A certificate signed and acknowledged by the
owner of land consenting to the dedication of
the roads and granting of the easements;
2. A certificate signed by the clerk of the governing
body that the map was approved, or the affidavit
of the person presenting the map for filing,
that the time limited by section 20.716.050
for action by the governing body has not expired;
3. If the property includes, impacts, or is adjacent
to a conveyance ditch, a letter to the director
by the water conveyance advisory committee stating
that all irrigation conveyance facilities and
associated access and maintenance easements or
rights-of-way are depicted on the map;
4. A certificate granting rights-of-way for water
conveyance and maintenance. The grant of the
right-of-way must run to the benefit of all persons
entitled to the use of the conveyance ditch under
the Alpine Decree or other court decree and their
successors in interest or to any ditch company
or similar entity having an interest in or responsibility
for the water conveyance ditch and associated
structures.
E. Action by board.
1. Unless the time period is extended by a mutual
consent of the developer and the board, the board
shall approve, conditionally approve or disapprove
the final map by the majority vote of the members
present within 45 days of the official filing
date.
2. If the board does not approve, approve with conditions
or disapprove the final map within 45 days, the
final map shall be deemed approved unconditionally.
3. The board shall approve the map only if it finds
as follows:
a. The final map conforms in every respect with
the approved tentative map;
b. All conditions established upon approval of the
tentative map have been satisfied;
c. The final map conforms with all county ordinances
applicable at the time of the hearing on the
final map;
d. All necessary certificates required by state
law or by the land development code have been
presented with the application for approval of
the final map.
4. The review and decision of the board shall conform
to the provisions of chapter 20.12. The board
shall set forth findings and reasons for its
decision in accordance with the criteria established
in section 20.716.040. If the map is disapproved,
the board shall also provide the applicant with
a written statement of what changes would be
necessary to render the map acceptable.
5. The board shall, at the time of approval of the
final map, accept or reject any or all offers
of dedication. The decision to accept or reject
offers of dedication shall be made in accordance
with adopted board policy. (Ord. 763, 1996;
Ord. 539, 1991; Ord. 390, 1981)
20.716.070 Effect of approval.
No vested rights shall accrue to the owner or developer
of any division of land into large parcels by
reason of the approval of a tentative or final
map for division into large parcels approval
until the actual signing of the final map by
all parties required to sign the map. All requirements,
conditions or regulations adopted by the county
applicable to the division of land shall be deemed
a condition for any division prior to the time
of signing of the final map by the county engineer.
Where the county has required the installation
of improvements prior to signing of the final
map, and improvements have, in fact, been completed,
the applicant may be required to comply with
the local laws and regulations in effect at the
time when the final map is considered for approval
only if the commission makes a finding on the
record that such compliance is necessary to prevent
a substantial risk of injury to the public health,
safety and general welfare. (Ord. 801, 1998;
Ord. 763, 1996; Ord. 390, 1981)
20.716.080 Recording.
A. Recording of the map. Upon approval, it shall
be the responsibility of the director or his
designee to file the official final map with
the county recorder within 15 working days of
the date of board approval. Simultaneously with
the filing of the final map, the department shall
cause to be recorded such other legal documents
required to be recorded by the county.
B. Effect of recording. Filing with the county recorder
operates as a continuing:
1. Offer to dedicate for public roads the areas
shown as proposed roads or easements of access,
which the governing body may accept in whole
or in part at any time or from time to time.
2. Offer to grant the easements shown for public
utilities, which any public utility may similarly
accept without excluding any other public utility
whose presence is physically compatible.
C. Conveyances. After a map has been filed with
the county recorder, any lot shown thereon may
be conveyed by reference to the map, without
further description. (Ord. 801, 1998; Ord.
763, 1996; Ord. 390, 1981)
