LAND READJUSTMENT
Sections:
20.768.010 Amending maps.
20.768.020 Modifications to approved tentative maps.
20.768.030 Redivision of land.
20.768.040 Map vacation or reversion to acreage
20.768.050 Vacation or abandonment of street or easement.
20.768.010 Amending maps.
A. Certificate of amendment. If an error or omission
is found in any subdivision map, record of survey,
parcel map, map of division into large parcels,
or reversionary map, and the correction does
not change or purport to change the physical
location of any survey monument, property line
or boundary line, the error or omission may be
corrected by the filing and recordation of a
certificate of amendment authorized by the board.
The certificate of amendment shall contain the
items required by NRS 278.473(2).
B. Amending map. If an error or omission is found
in any recorded subdivision map, record of survey,
parcel map, map of division into large parcels,
or reversionary map, and the correction changes
or purports to change the physical location of
any survey monument, property line or boundary
line, the correction may be effected by the filing
of an amended map pursuant to the procedures
of this section. This procedure may be utilized
only to correct errors or omissions which do
not result in a change of the number of lots,
result in significant changes to the area of
any lot or the amount of land reserved or dedicated
for public use and improvements, or result in
the removal of any covenants or restrictions
attached to the final approved or recorded map.
C. Procedures for amending map. The same procedures
and requirements shall be applied to the application
for an amended map as to the original land division,
except, in the case of subdivisions, only those
procedures for the approval and filing of a final
subdivision map shall apply. The amending map
shall be in the format and shall contain the
certificates required by NRS 278.477(2). (Ord.
763, 1996) 
20.768.020 Modifications
to approved tentative maps
A. Applicability. Whenever the owners of land or their representatives
desire to modify an approved tentative map or conditions of approval, an application
shall be filed with the department. Those requests resulting in no net change
or reduction in the number of parcels, the re-design of the map involving less
than ten percent of the total number of parcels or land area, minor clarification
of a condition resulting in no impact to public health or safety, or changes
to map design resulting from the mapping of environmental constraints or historic
sites, an application for a minor amendment may be filed. All other requests
shall constitute a major amendment.
B. Procedures for processing a minor amendment. An application for a
minor amendment shall be filed with the department, on the form provided, with
the applicable fees. The director is the designated authority for minor amendments.
The applicant shall be notified in writing of the decision regarding the request
within 30 working days of the official filing date. The decision of the director
may be appealed.
C. Procedures for processing a major amendment. Major amendments shall
be processed in the same manner as the original application for division of
land. With the consent of the department, the applicant may incorporate the
previous applications and procedures by reference, to the extent that the amendment
makes no material changes on the matters addressed therein. (Ord. 763, 1996)
20.768.030 Redivision of
land.
A. Applicability. As an alternative to amendment of tentative map approval,
whenever the owners of land or their authorized representatives desire to redivide
a previously approved and recorded final map, the applicant shall revert the
final map to acreage per chapter 20.768.040 and obtain approval for the redivision
using the same procedures and standards prescribed by this Part for an original
application. A redivision of land means a change in any finally recorded final
map that involves any of the following:
1. Any change in street layout or any other public improvement which
cannot be addressed by abandonment procedures;
2. Any change in lot lines which cannot be achieved through the
boundary line adjustment process;
3. Any change in the amount of land reserved or dedicated for public
use, common open space or the common use of lot owners; or
4. Any change in any easement shown on the improved final map which
cannot be addressed by abandonment procedures.
B. Procedure for subdivisions when future redivision is indicated. Whenever
a parcel of land is divided and the map shows one or more lots containing more
land than is required by the zoning ordinance, and there are indications that
such lots will eventually be redivided into smaller building sites, the commission
may require that the parcel of land allow for the future opening of streets
and the ultimate extension of adjacent streets. Easements providing for the
future opening and extension of such streets may be made a requirement of the
map. Ord. 801, 1998; Ord. 763, 1996; Ord. 641, 1994; Ord. 390, 1981)
20.768.040 Map vacation
or reversion to acreage.
A. General procedure. All applications for map vacations and reversion
to acreage shall be proposed and approved in accordance with the procedures
established in paragraph B of this section if the owner of the lots initiates
the vacation, or in accordance with the procedures established in paragraph
C of this section if the board initiates the vacation. The director shall be
the designated official. The board shall be the final decision-maker for purposes
of vacation and reversion to acreage.
B. Owner-initiated map vacation.
1. The owner or owners of lots in any approved land division, including
the developer, desiring to vacate or abandon any subdivision map, parcel map
or map of division into large parcels, or part thereof, and revert such land
division to acreage, shall file an application with the department on the form
provided in accordance with the published submittal schedule. The application
shall be accompanied by a map of the proposed vacation or abandonment, the application
fee as set by resolution of the board, a certificate from the county treasurer
stating that no taxes or assessments are delinquent, a description of the requested
changes, and any other items listed on the application form.
2. The map shall:
a. Be clearly and legibly drawn in black, waterproof India
ink upon good tracing paper or produced by the use of other materials of a permanent
nature generally used for such a purpose in the engineering profession, but
affidavits, certificates and acknowledgments must be legibly stamped or printed
upon a map with opaque ink;
b. Be 24 inches by 32 inches in size, 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 of two inches at the left edge along
the 24-inch dimension;
c. Be in a scale large enough to show all details clearly,
and enough sheets must be used to accomplish this end;
d. State on each sheet the particular number of the sheet
and the total number of sheets comprising the map, and show clearly the relationship
of each sheet to each adjoining sheet;
e. Contain only the appropriate certificates required by NRS
278.374 - 278.378, inclusive, for the original division of the land.
3. If the map includes the vacation or abandonment of any public
street or easement, the provisions of chapter 20.768.040 must be followed before
the map may be approved.
4. The director shall determine whether the application for vacation
is complete in accordance with chapter 20.24.020,
and pursuant to chapter 20.24.030
shall file his report with the board and schedule the application for public
hearing where required.
5. Notice of the hearing before the board shall be provided in accordance
with chapter 20.20. The hearing shall be held in accordance with the procedures
established in chapter 20.24.
6. Within 45 days after the official filing date, unless the time
is extended by mutual consent of the applicant and the board, the board, following
a public hearing, shall approve, conditionally approve or disapprove the application
for vacation of the applicable map by majority vote of the members present.
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 sub-section 20.768.050 (A)(7).
7. The board shall approve the application for vacation on such
terms and conditions as are reasonable to protect public health, safety and
welfare; but in no event may the board approve an application for vacation if
it will materially injure the rights of any non-consenting property owners or
any public rights in public improvements unless expressly agreed to by the board.
8. When the developer of the subdivision or land division, or its
successor, owns all of the lots in the subdivision or division of land, the
developer or successor may petition for vacation of the final subdivision map,
final parcel map or final map of division of land into large parcels, as the
case may be, and the petition may be approved, conditionally approved or disapproved
at a regularly scheduled meeting of the board without public hearing pursuant
to the criteria established in this chapter. The application and the map shall
conform to the requirements of this chapter.
9. The developer or his successor shall have no right to a refund
of any monies, fees or charges paid to the county nor to the return of any property
or consideration dedication or delivered to the county, except as may have previously
been agreed to by the board and the developer.
C. Board-initiated map vacation.
1. The board, on its own motion, may vacate or abandon the final
map of an approved subdivision or a final parcel map when:
a. No lots within the approved land division have been sold
within five years from the date that the applicable map was signed by the body
or individual vested with such authority;
b. The developer has breached an improvement agreement entered
into pursuant to the provisions of chapter 20.720 of this part, and the county
is unable to obtain funds with which to complete construction of the public
improvements, except that the vacation or abandonment shall apply only to lots
owned by the developer or its successor;
c. The applicable map has been of record for more than five
years and the board determines that the future sale of lots within the land
division presents a threat to the public health, safety and welfare, except
that the vacation shall apply only to lots owned by the developer or its successor.
2. Upon the motion of the board to vacate or abandon the map of
any previously approved subdivision or division of land, in whole or in part,
the board shall publish notice of a public hearing in accordance with the provisions
of chapter 20.20. The hearing shall be held in accordance with the procedures
established in chapter 20.24.
3. The review and decision of the board shall conform to the provisions
of chapter 20.12. Following the public hearing, the board shall approve, conditionally
approve or disapprove the vacation, abandonment or reversion of the applicable
map by a majority vote of the members present, applying the criteria in subsection
20.768.030(A)(7).
D. Recordation. If the board adopts a resolution vacating or abandoning
a map in whole, it shall record a copy of the resolution in the county clerk
and recorder's office. If the board adopts a resolution vacating or abandoning
a map in part, it shall record a copy of the resolution as described above and
cause a revised final map to be recorded which shows that portion of the original
map that has been vacated and that portion which has not been vacated. (Ord.
763, 1996; Ord. 390, 1981)
20.768.050 Vacation or abandonment of street or easement.
Any abutting property owner desiring the vacation
or abandonment of any street or easement or portion
thereof shall file a petition in writing with
the department. The petition for vacation or
abandonment of the street or easement shall be
processed in accordance with the procedures set
forth in NRS 278.480. The board may initiate
the vacation or abandonment of a street or easement
by resolution. (Ord. 801, 1998; Ord.763, 1996;
Ord. 390, 1981)
