§ 30.52.080. Improvement Requirements for a Minor Subdivision.

a.

For maps that require less than full off-site improvements at the time of subdividing, the Director of Public Works shall require an off-site improvement agreement with a restrictive covenant running with the land to be signed by the owner of the property being subdivided. The covenant shall require the construction of full off-site improvements in the future when requested by the Director of Public Works. This requirement may be satisfied by participation in a special improvement district that causes the installation of the required improvements.

b.

If the smallest resulting parcel is five gross acres or greater, the off-site improvements required by this Title shall temporarily be deferred until future development, subject to the owner signing an off-site improvement agreement with a restrictive covenant running with the land.

c.

If the smallest resulting parcel is less than five acres, prior to acceptance and approval of the parcel map, the Director of Public Works shall require the minimum improvements as listed in subsections (d) through (f). When improvements are required, the improvement plans shall be submitted, approved, and inspected, and surety bonds posted in accordance with Chapter 30.32. For the purpose of this Section, full off-site improvements shall consist of:

1.

For public streets, fire hydrants, sidewalk, curb and gutter, paving of half-streets, street lights, street name signs, traffic signs, pavement markings and other applicable traffic control devices.

2.

For private streets, paving, street name signs, traffic control devices, curbs and gutters.

3.

In areas where building lots are twenty thousand square feet or larger, the Director of Public Works may waive the requirements for sidewalks and streetlights. Fire hydrants may only be waived by the Clark County Fire Department.

d.

Full off-site improvements shall be required when parcel map is located:

1.

Across the street from, or immediately adjacent to, existing full off-site improvements. In this case, the developer shall provide matching off-site improvements.

2.

Within six hundred sixty (660) feet of existing full off-site improvements, in any direction from the parcel map, provided the parcel map has a street frontage of a nominal three hundred (300) feet, which shall include frontage on private streets.

3.

For a second or subsequent minor subdivision, with respect to (a) a single parcel; or (b) a contiguous tract of land under the same ownership, or ownership by a partnership or corporation of which an individual is a principal or officer, or ownership by persons of first degree of consanguinity, any reasonable improvement may be required, but not more than would be required for a major subdivision.

e.

Paving shall be required when any parcel is within a nominal six hundred sixty (660) feet (based on one-sixty-fourth ( 1/64 ) of a section) of a paved road, or a road for which paving is committed, as described in this Section, or when the parcel is within the PM-10 Non-Attainment Area, as shown on the adopted map, regardless of the distance from a paved road, or a road for which paving is committed. The road providing the access to the parcel, as well as dedicated and private streets within, and adjoining the parcel, shall be paved.

f.

Gravel shall be required when the parcel is more than six hundred sixty (660) feet from a paved road, or a road for which paving is committed, as described in this Section, when the parcel is outside the PM-10 Non-Attainment Area. The road providing the access to the parcel, as well as dedicated and private streets within or adjoining the parcel, shall, as a minimum, be graveled. If the smallest resulting parcel is two (2) acres or greater, only the dedicated road, or roads, providing the access to the parcels must be graveled. All graveled rights-of-way accepted for dedication will not be accepted for maintenance and repair. The owner(s) of record, their heirs, assigns or successors of the divided parcel remain liable and are required to maintain such roads until maintenance is accepted by the County.

g.

Within the PM-10 Non-Attainment Area, minimum paving requirements shall comply with Clark County Air Quality Regulations, Sections 91 and 93, and shall not be waived.

(Ord. 2769 § 99, 2002; Ord. 2741 § 9 (part), 2002: Ord. 2573 § 11 (part), 2001; Ord. 2482 § 12 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3859, § 9, 5-5-2010)