§ 13.02

In any area of the County where a general plan or any specific plan or any part or subject thereof has been officially adopted by the County in accordance with the provisions of Cal. Gov't Code §§ 65000—66499.58, the subdivision shall be considered in relation to the said plan for provision for sites for schools, parks, public buildings, street or other public areas and facilities in accordance with the recommendations of such plan.

(Ord. 2531. (10/24/2023))

All subdivisions shall be subject to environmental review pursuant to Chapter governing the California Environmental Quality Act, Title 19 of this Code. , Cal. Pub. Res. Code §§ 21000—21189.70.10 and Chapter 3 of Title 14 of the California Code of Regulations.

All subdivision applications shall contain a completed Project Information Questionnaire for evaluation of environmental impacts.

(Ord. 2531. (10/24/2023))

A.

The minimum parcel size as shown in the General Plan Land Use Maps or the Zoning District Maps shall not apply to the creation of parcels for the following:

1.

Parcels occupied by governmental bodies or public or private utilities.

2.

Remainder parcels from which governmental bodies' or public or private utilities' parcels were divided (per Section 13.02.030.A.1 above) provided that the remainder parcels comply with Policy 3.19 of Chapter 3: Public Facilities and Services of the Nevada County General Plan.

3.

Parcels created by Environmental Subdivisions, as provided for in this Chapter.

4.

Parcels created by Urban Lot Splits, as provided for in this Chapter.

B.

Lot Size Standards. All proposed lots or parcels in a subdivision shall comply with all appropriate requirements of Title 12, governing Zoning Regulations of the Nevada County Codes as they now exist or may hereafter be amended; provided, however, when the land being divided is described as an aliquot part of a section (e.g., the northeast quarter of the southwest quarter), and the parcel is, as a result of an actual field survey, found to be less than that shown on the deed, the resulting parcels may be less than the required minimum lot size provided said deficiency is not greater than three percent (3%) of required size.

C.

Clustered Lot Sizes. Where required by the Nevada County General Plan, a clustered map option shall be required. When a clustered map is approved, the minimum parcel or lot sizes may be less than the minimum parcel sizes established by the Zoning District Map, provided that the overall project density remains consistent with the base zoning district or General Plan land use designation. The minimum parcel or lot sizes shall be limited to that needed to meet water and sewage disposal standards, as determined by the Department of Environmental Health.

D.

Urban Lot Split Standards. All proposed lots or parcels in a subdivision shall comply with all appropriate requirements of governing Zoning Regulations of the Nevada County Code, and with all appropriate requirements of Cal. Gov't Code § 66411.7, as they now exist or may hereafter be amended.

(Ord. 1251. (09/24/1984); Ord. 2529. (09/12/2023); Ord. 2531. (10/24/2023))

No tentative map shall be approved unless the Planning Agency shall find that:

A.

The proposed subdivision, together with the provisions for its design and improvements, is consistent with the Nevada County General Plan and with any specific plan which is in effect within the project area.

B.

Adequate public services exist within the project area and are available to serve the subdivision. Where public services are provided by independent special districts which have declared themselves to be impacted by development, a written statement from such special district(s) acknowledging their ability to service the project will be required at the time of project submittal. The written statement may recite that an agreement has been reached between the developer and the district to offset the impacts to the district.

C.

No finding is made pursuant to Cal. Gov't Code § 66474 that requires project denial.

(Ord. 2531. (10/24/2023))

Upon its own initiative or at the request of an interested person, the Board of Supervisors may adopt a resolution of intent to vacate a public utility or public service easement. Such resolution shall contain a declaration of the intent to vacate, a statement that the vacation is pursuant to Cal. Sts. & High. Code §§ 8300—8363, and a description of the easement to be vacated with reference to a map or plan which shows the portion to be vacated. The resolution shall also set a date for a public hearing not less than fifteen (15) days from the adoption of the resolution. The resolution shall be published and posted as otherwise required by law and as specifically required by Cal. Sts. & High. Code §§ 8322 and 8323.

Prior to the public hearing on the matter, the Board of Supervisors will request the Zoning Administrator review the proposed vacation and to determine if the vacation would be in conformance with the Nevada County General Plan.

At the public hearing, the Board of Supervisors shall hear evidence offered by the interested parties. Upon making a finding that the public utility or public service easement is no longer necessary for present or prospective public use, the Board of Supervisors may adopt a resolution vacating the public utility or public service easement. The Board of Supervisors may impose conditions which must first be satisfied and instruct the Clerk of the Board not to record the resolution of vacation until such conditions have been met. The Clerk of the Board shall be responsible for recording the resolution of vacation for which no fee shall be charged.

As an alternative to the above procedure, the Board of Supervisors may summarily vacate a public utility or public service easement upon following the procedure set forth in Cal. Sts. & High. Code § 8335 if the Board of Supervisors finds that the requirements of Cal. Sts. & High. Code § 8333 have been met.

The Board of Supervisors may, by resolution, set fees for the filing of a petition, which fees shall cover the costs associated with the investigations, mailings, publications and postings of such petition.

(Ord. 1372. (04/14/1986); Ord. 2531. (10/24/2023))

Whenever the land involved in a subdivision is of such size or shape, is subject to such title limitations of record, is to be devoted to such use or is subject to such regulation by the zoning ordinance that it is impractical in the particular case to conform to the strict application of the requirements of this Chapter, the

owner or authorized agent may make application to the Advisory Agency with the filing of the tentative map for such exceptions to the requirements of this Chapter as are reasonably necessary or expedient. Application for any such exception shall be made by verified petition of the subdivider stating fully the grounds of the petition and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision.

In order for the property referred to in the petition to come within the provisions of this Section, it shall be necessary that the Advisory Agency shall find the following facts with respect thereto:

1.

That there are special circumstances or conditions affecting said property;

2.

That the exception is necessary for the preservation of a substantial property right of the petitioner;

3.

That the granting of the exception will not be detrimental or injurious to other property in the territory in which said property is located;

4.

That the granting of the exceptions will not constitute a grant of special privileges inconsistent with the limitations upon similar properties.

Further, if the petition proposes an exception to a Fire Safe standard, the following additional finding shall be made:

5.

That an exception to any Fire Safe standard, including those standards adopted by Title 4, Fire Safety and Title 16, Road Design Standards, of the Nevada County Code, will provide the same practical effect of fire protection and is supported by the entity responsible for assuring compliance with Cal. Pub. Res. Code § 4290.

Reserved strips controlling the access to public ways or that will not prove taxable for special improvements will not be approved.

(Ord. 2531. (10/24/2023))

Neither the Advisory Agency nor the Board of Supervisors shall approve either a tentative or final or parcel map of any proposed subdivision to be fronted upon a public waterway, river, stream, lake or reservoir which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river, stream, lake or reservoir bordering or lying within the

proposed subdivision. Reasonable public access shall be determined by the Advisory Agency reviewing the tentative map. In making the determination, the Advisory Agency shall consider all of the following:

1.

That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel;

2.

The size of the subdivision;

3.

The type of riverbank and the various appropriate recreational, education, and scientific uses, including but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching;

4.

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

A public waterway, river or stream for the purpose of this Section means those waterways, rivers and streams defined in Cal. Harb. & Nav. §§ 100—106, any stream declared to be a public highway for fishing pursuant to Cal. Gov't Code §§ 25660—25662, the rivers listed in Cal. Fish & Game Code § 1505 as spawning areas and all waterways, rivers and streams downstream from any State or Federal or steelhead fish hatchery.

Neither the Advisory Agency nor the Board of Supervisors shall approve either a tentative or final or parcel map of any proposed subdivision to be fronted upon a public waterway, river or stream which does not provide for a dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the Advisory Agency. In making the determination for reasonably defining the extent, width, and character of the public easement, the Advisory Agency shall consider all of the following:

1.

That the easement may be for a foot trail, bicycle trail or horse trial.

2.

The size of the subdivision.

3.

The type of riverbank and the various appropriate recreational, education and scientific uses including but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching.

The likelihood of trespass on private property and reasonable means of avoiding such trespass.

Any public access route or routes and any easement along the bank of a public waterway, river, or stream provided by the subdivider shall be expressly designated on the tentative or final or parcel map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

Nothing contained in this Section shall require the Advisory Agency to disapprove a map solely on the basis that the reasonable public access otherwise required by this Section is not provided through or across the subdivision itself, if the Advisory Agency makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative, parcel or final map.

The provisions of this Section shall not apply to the final or parcel map of any subdivision which has been approved by the Advisory Agency prior to March 1, 1975.

(Ord. 2531. (10/24/2023))

If requested by a special district providing service, the Advisory Agency may require the dedication of sites for fire stations and schools as provided for in the Subdivision Map Act.

(Ord. 2531. (10/24/2023))

A.

The developer shall pay fees for the processing of maps by the various County agencies and construction inspection in accordance with the latest fee schedule adopted by the Nevada County Board of Supervisors. All fees shall be paid prior to the processing of the various maps, unless otherwise authorized. Construction inspection fees shall be paid prior to the approval of the final improvement plans.

B.

As a condition of approval of any tentative map, mitigation fees, where applicable, shall be paid pursuant to the provisions of Title 17, Mitigation and Development Fees, of this Code.

(Ord. 2531. (10/24/2023))

A.

The initial action in connection with the making of any subdivision shall be the preparation and filing of a tentative map or maps conforming to the provisions of this Chapter.

A tentative map, prepared by either a licensed land surveyor or a civil engineer who was registered prior to January 1, 1982, shall be drawn to scale and shall conform to all regulations contained in this Chapter

unless a Petition for Exception, pursuant to Section 13.02.060, Petitions for Exceptions, in this Code, is submitted therewith.

Every tentative map shall be clearly and legibly reproduced and shall show the following information:

1.

The subdivision name, date of map version, north point, and scale. In the event the map is revised or modified during the application review process, the revision date shall be indicated on the revised map.

2.

A detailed vicinity map showing the location of the proposed subdivision in relation to the surrounding area with mileage from the nearest County Road or State Highway.

3.

A legend stating: The names, addresses and telephone numbers of record owners, the Assessors Parcel Numbers, the name of the subdivider (if different than the record owner), the engineer or surveyor preparing the tentative map, the source of water supply proposed, the method of sewage disposal proposed, responsible fire protection agency, source of public utilities, property zoning (existing and, if applicable, proposed), and number of new lots.

4.

Sufficient legally described boundaries to define the proposed tract, and indication of adjacent subdivisions and current ownership of all adjacent parcels.

5.

Location, names, present centerlines, widths, radius of all curves, and grades of adjacent or abutting roads and streets.

6.

The location, names, widths, approximate grades, radius of all curves, and proposed centerlines of all streets proposed or existing in the subdivision.

7.

Typical cross sections of proposed streets, showing all improvements proposed within the street right-ofway at such scale to clearly show the details thereof.

8.

The dimensions and location of all existing easements, reserves and drainage ditches on or adjacent to property covered by the subdivision.

9.

Location and use and dimensions of proposed easements (drainage, sewerage and public utilities).

Location and grade of proposed and existing driveways.

11.

The location and use of all existing structures to remain on the property and setbacks from new property lines. All existing structures not proposed for retention shall be noted as such on the tentative map.

12.

Topography shown with sufficient detail for proper study of building site, drainage, sewage disposal, and road locations.

13.

The approximate lot size in square feet or gross acreage (net acreage if proposed lots are below one (1) acre) and dimensions of all lots and radii of all curves.

14.

Show location of all areas subject to inundation or stormwater overflow and the location, width and direction of flow of all water courses including canals and irrigation ditches.

15.

Delineate all environmentally sensitive areas on the project site. Mapping shall reflect any biological resources identified and mapped in the biological inventory. Any sensitive cultural resources shall also be indicated simply as "environmentally sensitive areas."

16.

If applicable, the location of the proposed community fire-flow facility, if it is to be located on site.

17.

Location of posted "Planning" sign. Property shall be posted for identification and property boundaries shall be flagged prior to application submittal.

B.

Data and information on the following matters shall be either on the tentative map or contained in a written statement accompanying the same:

1.

A current (within six (6) months) preliminary title report prepared by a reputable title insurance company stating rights and interests in the property being subdivided.

2.

Domestic water supply proposed by the subdivider. Information applicable to the feasibility of well drilling, analysis of the small water system, or a "will serve" letter from a public water purveyor, whichever is applicable, shall be supplied in accordance with Title 15, Sanitation, Chapter 5, Water Supply and Resources, of the Nevada County Code.

3.

Proposed method of sewage disposal. When septic systems or community sewage disposal systems are proposed, data in accordance with the requirements of Section 15.01.110, Sewage Disposal, of this Code shall be submitted.

4.

Information on the source of other public utilities.

5.

Proposed drainage and control measures, including the proposed location of on-site detention facilities designed to minimize the discharge of pollutants into surface water drainage courses where required by General Plan policy.

6.

A general development plan of contiguous subdivision units and parcels proposed for subdivision for the purpose of reference and information of the Planning Commission.

7.

Existing and proposed uses of the property including any proposed public use areas.

8.

Justifications and reasons for exceptions, if any, pursuant to Section 13.02.060, Petition for Exceptions.

9.

For those subdivisions proposed on properties that may have contained prior hazardous land uses (e.g., surface and subsurface mining, milling, dump sites, artillery ranges, etc.), a Phase 1 site assessment shall be provided with the application. In the event the Phase 1 assessment concludes further investigative work may be necessary to fully identify or remediate potential on-site hazards, the subdivision application will automatically be deemed incomplete for processing until such issues have been fully quantified and an acceptable program for remediation or avoidance of any such hazard(s) has been established and

with the application. In the event the Phase 1 assessment concludes further investigative work may be necessary to fully identify or remediate potential on-site hazards, the subdivision application will automatically be deemed incomplete for processing until such issues have been fully quantified and an acceptable program for remediation or avoidance of any such hazard(s) has been established and

approved by the responsible agency. The responsible agency will be determined based on the nature of the hazard but may include the Nevada County Department of Environmental Health or the California EPA, Department of Toxic Substances Control.

10.

Information for flood reduction as required under Title 18 governing Standards for Subdivisions And Other Proposed Development, in Floodplain Management of this Code.

11.

Information for alternative energy source building site designs that minimize heat gain, heat loss, and the use of heating and cooling equipment when ambient conditions are extreme, and which permit use of the facility without heating or air conditioning when ambient conditions are moderate. Such features may include, but are not limited to, building orientation, native or proposed landscaping, or the use of architectural features such as insulation, thermal windows and doors, overhangs, skylights, thermal chimneys, and other design arrangements.

12.

A preliminary soils report shall be provided for tentative maps for subdivisions that require either a final map or a parcel map that creates more than four (4) lots. The report shall be prepared by a geotechnical engineer or by a civil engineer who specializes in soils investigation and is registered in this State and in accordance with Section 13.03.060 Grading, in this Chapter.

(Ord. 1514. (07/26/1988); (Ord. 1883. (04/11/1995); Ord. 2531. (10/24/2023))

A.

General. No land shall be subdivided and developed pursuant to a tentative map for any purpose that is inconsistent with the General Plan or any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Nevada County Code.

B.

Filing and Processing. A tentative map shall be filed in person with the Planning Department using the most current application forms in effect. Upon acceptance of the application, complete with all required supporting data, and filing fees, a receipt shall be issued to the applicant by the Planning Department, and the time for considering the tentative map shall start. Such acceptance shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the map, nor does it insure that the map does comply with the law and this Chapter.

The Planning Department shall circulate copies of the map and accompanying data to interested agencies with a request for comments relative to approval, disapproval or conditions necessary for approval of the tentative map. Within thirty (30) days of the issuance of the receipt, the Planning Department shall determine the completeness of the application and supporting data and shall commence with the preparation of the appropriate environmental document pursuant to Title 19, California Environmental Quality Act, Cal. Pub. Res. Code §§ 21000—21189.70.10, and Chapter 3 of Title 14 of the California Code of Regulations. Any report or recommendation on a tentative map by the staff to the Advisory Agency shall be in writing and a copy thereof served on the applicant at least three (3) days prior to any hearing or action on such map by the Advisory Agency.

The Advisory Agency shall consider the tentative map together with all reports received pertaining thereto. The Advisory Agency shall approve, disapprove, or conditionally approve the tentative map, unless the time for action is extended with the consent of the applicant.

The action of the Advisory Agency shall be endorsed upon the face of the tentative map or clearly attached by memorandum. In the event that the tentative map is disapproved, the reasons for such disapproval shall be stated upon the map or attached thereto by memorandum. A copy of the memorandum shall be sent to the subdivider and interested agencies, and one (1) copy shall remain permanently in the files of the Planning Department of the County.

C.

Expiration. An approved or conditionally approved tentative map shall expire forty-eight (48) months after its approval or conditional approval. The foregoing forty-eight-month period shall apply to any tentative map for which the initial thirty-six-month period, and any subsequent extension of time, has not expired prior to September 12, 2025. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed after the expiration date without first processing a new tentative map.

D.

Extensions of Time. Upon written application of the subdivider, filed and approved prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Advisory Agency authorized to act on the tentative map for a period or periods not exceeding a total of six (6) years, or as may be further specified by Cal. Gov't Code § 66452.6(e).

E.

Appeals. The subdivider, applicant, public agency, or any interested person adversely affected by a decision of the Advisory Agency may appeal said decision as provided for in Section 13.01.060 of this Chapter.

If the Advisory Agency denies a subdivider's application for extension, the subdivider may appeal to the Nevada County Board of Supervisors within fifteen (15) days after the Advisory Agency has denied the extension as provided for in Section 13.01.060 of this Chapter.

(Ord. 2185. (08/09/2005); Ord. 2228. (12/12/2006); Ord. 2531. (10/24/2023); Ord. 2549. (08/12/2025))

A.

General. The purpose of this Section is to establish procedures for implementation of Cal. Gov't Code §§ 66498.1—66498.9. To accomplish this purpose, the regulations outlined in this Section are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan or any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Nevada County Code.

B.

Filing and Processing.

1.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in Section 13.02.120 of this Chapter, except at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map." Acceptance of the map application, supporting data, and filing fees shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the map, nor does it ensure that the map does comply with the law and this Chapter. The project description and public notice shall also reference the subdivision application as a "Vesting Tentative Map."

2.

At the time the vesting tentative map is filed, the applicant shall file a specific listing of those ordinances, current as of the application filing date or proposed in conjunction with the same application, that they wish to be vested upon the approval of the tentative map (and subsequent ordinance adoption, if applicable).

C.

Expiration. An approved or conditionally approved tentative map shall expire forty-eight (48) months after its approval or conditional approval. The foregoing forty-eight-month period shall apply to any tentative map for which the initial thirty-six-month period, and any subsequent extension of time, has not expired prior to September 12, 2025. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed after the expiration date without first processing a new tentative map.

D.

Vested Rights. Approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Cal. Gov't Code § 66474.2. However, if Cal. Gov't Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. The vested rights are subject to the following limitations:

1.

A permit, approval, extension, or entitlement associated with a vesting tentative map may be made conditional or denied if any of the following are determined:

a.

A failure to do so would place the residents or occupants of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

b.

The condition or denial is required in order to comply with State or Federal law.

2.

The rights referred to herein shall expire if a final map is not recorded prior to the expiration of the vesting tentative map. If the final map is recorded, these rights shall remain in effect for the following periods of time:

a.

An initial time period of one (1) year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

b.

The initial time period set forth in Section 13.02.130.D.2.a above shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if such processing exceeds thirty (30) calendar days from the date a complete application is filed.

c.

A subdivider may apply for a one (1)-year extension at any time before the initial time period set forth in Section 13.02.130.D.2.a above expires. If the extension for a final map or parcel map is denied, the subdivider may appeal that denial to the Board of Supervisors within fifteen (15) calendar days.

d.

If the subdivider submits a complete application for a building permit during the periods of time specified in Sections 13.02.130.D.2.a—c, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

3.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, such inconsistency shall be noted on the map. The County may deny such a vesting tentative map or approve it conditioned on the subdivider, or their designated representative, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding the first paragraph of Section 13.02.130.D.2, confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

4.

Notwithstanding any provision of this Section, a property owner, or their designated representative, may seek approvals or permits for development which depart from the ordinances, policies, and standards described in the first paragraph of Sections 13.02.130.D.2.a and D.3, and the County may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

E.

Appeals. The subdivider, applicant, public agency, or any interested person adversely affected by a decision of the Advisory Agency may appeal said decision as provided for in Section 13.01.060 of this Chapter.

(Ord. 2228 (12/12/2006); Ord. 2531. (10/24/2023); Ord. 2549. (08/12/2025))

A.

General. The purpose of this Section is to establish procedures for implementation of Cal. Gov't Code § 66418.2. To accomplish this purpose, the regulations outlined in this Section are determined to be necessary for the preservation of the public health, safety and general welfare, and for the protection of important biotic and wildlife habitat. No land shall be subdivided and developed pursuant to an environmental subdivision for any purpose that is inconsistent with the General Plan or any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of the Nevada County Code.

B.

Filing and Processing.

1.

An environmental subdivision map shall be filed in the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in Section 13.02.120 of this Chapter.

2.

Such acceptance shall not preclude the securing of additional information from the subdivider necessary for the proper consideration of the map, nor does it ensure that the map does comply with the law and this Chapter. The Planning Department shall circulate copies of the map and accompanying data to interested agencies with a request for comments relative to approval, disapproval or conditions necessary for approval of the tentative map.

3.

The standards for the parcel or parcels being created, and for the remainder parcel, are established in Section 12.04.060. The following required findings for approval of environmental subdivision shall be made by the Advisory Agency:

a.

That factual biotic or wildlife data, or both, are, or will be available to the County.

b.

That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, State, or Federal agency

requiring mitigation.

c.

That an easement will be recorded in the County to ensure compliance with those conditions specified by any local, State, or Federal agency requiring mitigation. The easement shall contain a covenant with the County, or non-profit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. This reservation shall be not inconsistent with the purposes of Cal. Gov't Code § 66418.2 and shall not be incompatible with maintaining and preserving the biotic and/or wildlife character of the land.

d.

The real property is at least twenty (20) acres in size, or it is less than twenty (20) acres in size, but is contiguous to other land that would also qualify as an environmental subdivision and the total combined acreage would be twenty (20) acres or more.

4.

The Advisory Agency shall approve, disapprove, or conditionally approve the tentative map, unless the time for action is extended with the consent of the applicant. The action of the Advisory Agency shall be endorsed upon the face of the tentative map or clearly attached by memorandum. In the event that the tentative map is disapproved, the reasons for such disapproval shall be stated upon the map or attached thereto by memorandum. A copy of the memorandum shall be sent to the subdivider and interested agencies, and one (1) copy shall remain permanently in the files of the Planning Department of the County.

C.

Expiration. An approved or conditionally approved tentative map shall expire forty-eight (48) months after its approval or conditional approval. The foregoing forty-eight-month period shall apply to any tentative map for which the initial thirty-six-month period, and any subsequent extension of time, has not expired prior to September 12, 2025. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed after the expiration date without first processing a new tentative map.

D.

Extensions of Time. Upon written application of the subdivider, filed and approved prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Advisory Agency authorized to act on the tentative map for a period or periods not exceeding a total of six (6) years, or as may be further specified by Cal. Gov't Code § 66452.6(e).

E.

Appeals. The subdivider, applicant, public agency, or any interested person adversely affected by a decision of the Advisory Agency may appeal said decision as provided for in Section 13.01.060 of this Chapter.

If the Advisory Agency denies a subdivider's application for extension, the subdivider may appeal to the Nevada County Board of Supervisors as provided for in Section 13.01.060 within fifteen (15) days after the Advisory Agency has denied the extension.

(Ord. 2228. (12/12/2006); Ord. 2531. (10/24/2023); Ord. 2549. (08/12/2025))

A.

Form and Content.

1.

Conformance with Subdivision Map Act. The form and content of final maps shall be in conformance with the Subdivision Map Act and this Chapter.

2.

Boundary Designation. The boundary of the subdivision shall be designated by a heavy, continuous, opaque black line applied in such a manner as not to obliterate figures or other data.

3.

Title Sheet. The title sheet shall contain the subdivision number, conspicuously placed at the top of the sheet, and the location of the property being subdivided with reference to maps which have previously been recorded or by reference to the plat of a United States survey. A subdivision name may be added below the subdivision number. In case the property included within the subdivision lies wholly in unincorporated territory, the following words shall appear in the titles: "In the County of Nevada." If partly in unincorporated territory and partly within an incorporated city, the following words shall be used: "Lying within the County of Nevada and partly within the City of ________." If more than three (3) sheets are used, a key diagram shall be included on the first map sheet.

4.

Affidavits, Certificates, Dedications, Etc. Affidavits, certificates, acknowledgements, endorsements, acceptances of dedication, and the notarial seals required by law and this Chapter, shall appear only once, on the title sheet. The above certificates, etc. may be legibly stamped or printed upon the map with opaque ink, or by photographic reproduction.

5.

Scale, North Point. There shall appear on each map sheet the scale, the north point, and the basis of bearings.

6.

Rights-of-Way, Easements.

a.

Rights-of-way and easements for roads or streets, paths, stormwater drainage, sanitary sewers, or other public uses as may be required shall be dedicated to the public for future acceptance by a public agency, and the use shall be specified on the map.

b.

Easements for an existing or proposed utility installation for the use of a private or non-governmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as provided in Subsection d below.

c.

All easements of record shall be shown on the map, together with all the names of the grantees and sufficient recording data to identify the conveyance, e.g., Recorder's document number and date, or book and page of Official Records.

d.

Easements not disclosed by the records in the office of the Clerk Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

e.

The sidelines of all easements of record shall be shown by dashed lines on the final map with sufficient ties provided to determine the exact location within each lot.

7.

Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown.

8.

Adjoining Corners of Adjoining Subdivisions. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number or name when not identified by official number and reference to the book and page of the filed map showing such subdivision.

9.

City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

10.

Monument Location. The location and description of all existing and proposed monuments shall be shown.

11.

Printing or Lettering. All printing or lettering on the map shall be of one-eighth (⅛") inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

B.

Supplemental Documents.

1.

Approval Required. The final map shall be accompanied by the following documents, if applicable, which shall be approved by proper authorities before the final map is submitted to the Board of Supervisors for approval:

a.

Improvement Agreement. The improvement agreement shall be as specified in Section 13.03.090 of this Chapter.

b.

Improvement Security. The improvement security shall be as specified in Section 13.03.090.

c.

Tax Certificate and Security. The subdivider shall file with the Director of the Department of Public Works a certificate executed by the County Tax Collector giving their estimate of all of the taxes and special assessments which are a lien on the property but which are not yet payable, together with security conditioned upon the payment of such taxes and special assessments. The subdivider shall also file with the Director of the Department of Public Works a certified copy of the certificate filed with the County Recorder pursuant to Cal. Gov't Code § 66492.

d.

Soils Reports. When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

e.

Certification Letters. A letter shall be required of each independent special district that has entered into an agreement with a developer pursuant to Section 13.02.040 of adequate Services within "Subdivisions" of this Chapter certifying that such agreement has been fulfilled.

f.

Supplemental Data. A supplemental final map data document shall be as specified in Subsection 2 below and shall be made part of the final map or recorded as a separate document with the Clerk Recorder.

Supplemental data shall be as required by the tentative map approval.

a.

Where the supplemental final map data document is recorded as a separate document, it shall include the following:

1)

Sufficient recording data to identify the recorded final map to which the supplemental data applies, including document number and date, as well as book and page;

2)

Assessor's parcel number(s) both before the recording of the final map;

3)

Name and acknowledged signature of each entity with an ownership interest in the property.

b.

The supplemental data document may include one (1) or more supplemental maps for non-title information. Supplemental maps shall be drawn to scale and shall indicate site-specific information relative to future site development. Such information may include, but is not limited to, the location of sensitive resources,

required setbacks, non-buildable areas, open space, and building envelopes. Supplemental maps may be drawn on eight and one-half (8½") inches by eleven (11") inches paper of durable quality and shall be legible and in permanent ink. If the eight and one-half (8½") inches by eleven (11") inches format is used the supplemental data shall be noted on the map similar to CC&R's.

C.

Submittal of Final Map for Technical Review.

1.

The subdivider shall submit to the Planning Department for technical review prints of the final map, the number of which shall be determined by the Planning Department; the certificate sheet before the certificates on the original tracings are executed; the supplemental data document if it is to be filed as a separate document; a current preliminary title report acceptable to the Department of Public Works; the final map fee as required in the fee schedule for subdivisions in effect at the time the final map is submitted; and mathematical closure calculations prepared by the subdivider's engineer and showing the subdivision's exterior boundary and/or blocks and lots.

2.

The error of map closure around the subdivision and around the interior lots shall not exceed one (1) part in twenty thousand (20,000).

Within twenty (20) days, or such other time as may be mutually agreed upon, the Planning Department shall note any required corrections on one (1) set of the preliminary prints and return them to the subdivider for final revision of the maps or documents.

D.

Submittal of Final Map For Approval.

1.

After the Planning Department completes the technical review in Subsection C above, and after the subdivider makes any corrections identified during that technical review, the subdivider may submit the final map for approval. The original tracing and two (2) sets of prints of the corrected map, signed by all parties required by the Subdivision Map Act and this Chapter to execute the certificates on the map, shall be submitted to the Planning Department. Upon final review, the Planning Department shall route the final map to the Department of Public Works for approval and transmittal to the Board of Supervisors. Any changes made by the subdivider other than those required as a result of the technical review process shall be marked by the subdivider in red on the revised prints.

2.

Agency Action. The final map shall be presented to the Planning Department for filing at least five (5) days in advance of the Board of Supervisors' meeting at which the map is to be considered. The Department of Public Works shall present the map to the Board of Supervisors when all fees, supplementary documents and plans have been determined to be satisfactory.

3.

Acceptance or Rejection of Dedications. On presentation of the final map, the Board of Supervisors, at its next meeting or within a period of not more than ten (10) days after such submission, shall approve the map if it conforms to all requirements of the Subdivision Map Act and this Chapter. At the time of its actions thereon, the Board of Supervisors shall accept, reject, or accept subject to improvement any or all offers of dedication of streets and other easements. Upon approval of any final map, the Clerk of the Board of Supervisors shall submit the final map to the County Recorder for filing.

4.

Evidence of Title. The subdivider shall present to the County Recorder the evidence of title required by the Subdivision Map Act prior to the County Recorder filing the final map.

5.

Filing by Units. The subdivider may elect to file a final map for all or part of the approved tentative map in the sequence of units approved by the Planning Commission. The sequence of units shall be shown on the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

6.

Upon submittal of the final map for recordation, the subdivider shall, if it is available, submit an electronic copy of the map to the Assessor's Office in an AutoCAD.DWG file format using the California Stateplane Zone II coordinate system. If the AutoCAD.DWG file format is unavailable, then the subdivider shall, if it is available, submit an electronic copy of the map in the .DGN or .DXF file formats. If Stateplane coordinates are unavailable, the subdivider shall indicate the geographic position or benchmark of the drawing's origin and the drawing units (i.e., feet, meters, etc.). The electronic file, if submitted, shall be accompanied with a letter certifying the electronic copy is identical to the recorded map.

(Ord. 1374. (04/28/1986); Ord. 1883. (04/11/1995); Ord. 2531. (10/24/2023))

A.

Form and Contents.

1.

Conformance with Subdivision Map Act. The form and contents of parcel maps shall be in conformance with the Subdivision Map Act and this Chapter.

2.

Boundary Designation. The boundary of the subdivision shall be designated by a continuous heavy, opaque, black line applied in such a manner as not to obliterate figures or other data.

3.

Title Sheet. The title sheet, if used, shall contain the subdivision number, conspicuously placed at the top of the sheet, and the location of the property being subdivided with reference to maps which have previously been recorded or by reference to the plat of the United States survey. In case the property included within the subdivision lies wholly in unincorporated territory, the following words shall appear in the titles: "In the County of Nevada." If partly in unincorporated territory and partly within an incorporated city, the following words shall be used: "Lying within the County of Nevada and partly within the City of ________." If more than three (3) sheets are used, a key diagram shall be included in the first map sheet.

4.

Affidavits, Certificates, Acknowledgements, Dedications, Etc. Affidavits, certificates, acknowledgements, endorsements, acceptances of dedication and the notarial seals required by law and this Chapter shall appear only once on the title sheet. The above certificates, etc. may be legibly stamped or printed upon the map with opaque ink or by photographic reproduction.

5.

Scale, North Point. There shall appear on each map sheet the scale, the north point, and the basis of bearings.

Rights-of-Way and Easements.

a.

Rights-of-way and easements for roads or streets, paths, stormwater drainage, sanitary sewers, or other public uses as may be required shall be dedicated to the public for future acceptance by a public agency, and the use shall be specified on the map.

b.

Easements for an existing or proposed utility installation for the use of a private or non-governmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as provided in Subsection d below.

c.

All easements of record shall be shown on the map, together with the name of the grantees and sufficient recording data to identify the conveyance, e.g., Recorder's document number and date, or book and page of Official Records.

d.

Easements not disclosed by the records in the office of the Clerk Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

e.

The sidelines of all easements of record shall be shown by dashed lines on the parcel map with sufficient ties provided to determine the exact location within each lot.

7.

Liner, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown.

8.

Adjoining Corners of Adjoining Subdivisions. The adjoining corners of all adjoining subdivisions shall be identified by official number and reference to the book and page of the filed map showing such subdivision.

9.

City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

Monument Location. The location and description of all existing and proposed monuments shall be shown.

11.

Printing and Lettering. All printing or lettering on the map shall be of one-eighth (⅛")-inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

B.

Submittal of Parcel Map for Technical Review.

1.

The subdivider shall submit to the Planning Department for technical review prints of the parcel map, the number of which shall be determined by the Planning Department; the certificate sheet (if one is used) before the certificates on the original tracings are executed; the supplemental data document if it is to be filed as a separate document; a current preliminary title report, furnished by the subdivider and acceptable to the Department of Public Works; the parcel map fee as required in the fee schedule for subdivisions in effect at the time the parcel map is submitted; and mathematical closure calculations prepared by the subdivider's engineer and showing the subdivision's exterior boundary and/or blocks and lots.

2.

The error of map closure around the subdivision and around the interior lots shall not exceed one (1) part in twenty thousand (20,000).

3.

Within twenty (20) days, or such other time as may be mutually agreed upon, the Planning Department shall note any required corrections on one set of the preliminary prints and return them to the subdivider for final revision of the maps or documents.

C.

Supplemental Documents.

1.

Approval Required. The parcel map shall be accompanied by the following documents, if applicable, which shall be approved by the proper authorities before the parcel map is submitted to the Board of Supervisors for approval:

a.

Improvement Agreement. The improvement agreement shall be as specified in Section 13.03.090.

b.

Improvement Security. Improvement security shall be as specified in Section 13.03.090.

c.

Tax Certificate and Security. The subdivider shall file with the Director of the Department of Public Works a certificate executed by the County Tax Collector giving their estimate of all of the taxes and special assessments which are a lien on the property but which are not yet payable, together with security conditioned upon the payment of such taxes and special assessments. The subdivider shall also file with the Director of the Department Public Works a certified copy of the certificate filed with the County Recorder pursuant to Cal. Gov't Code § 66492.

d.

Deed for Easements or Rights-of-way. Deeds for easements or rights-of-way required for road or drainage purposes which have been dedicated on the parcel map shall be required by separate instrument. Written evidence acceptable to the County in the form of rights of entry or permanent easements across private property outside the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility shall be required.

e.

Soils Report. When a soils report has been prepared, this fact shall be noted on the parcel map, together with the date of the report and the name of the engineer making the report.

f.

Certification Letters. A letter shall be required of each independent special district that has entered into an agreement with a developer pursuant to Section 13.02.040 certifying that such agreement has been fulfilled.

g.

Supplemental Data. The supplemental parcel map data document shall be as specified in Subsection 2 below and may recorded as part of the parcel map or as a separate document.

2.

Supplemental data shall be as required by the tentative map approval.

a.

Where the supplemental parcel map data document is recorded as a separate document, it shall include the following:

1)

Sufficient recording data to identify the recorded parcel map to which the supplemental data applies, including document number and date, as well as book and page;

2)

Assessor's parcel number(s) both before the recording of the final map;

3)

Name and acknowledged signature of each entity with an ownership interest in the property.

b.

The supplemental data document may include one (1) or more supplemental maps for non-title information. Supplemental maps shall be drawn to scale and shall indicate site-specific information relative to future site development. Such information may include, but is not limited to, the location of sensitive resources, required setbacks, non-buildable areas, open space, and building envelopes. Supplemental maps may be drawn on eight and one-half (8½") inches by eleven (11") inches paper of durable quality and shall be legible and in permanent ink. If the eight and one-half (8½") inches by eleven (11") inches format is used the supplemental data shall be noted on the map similar to CC&R's.

D.

Submittal of Parcel Map for Approval.

1.

After the Planning Department completes the technical review in Subsection B above, and after the subdivider makes any corrections identified during that technical review, the subdivider may submit the parcel map for approval. The original tracing and two (2) sets of prints of the corrected map, with certificates and/or separate instruments signed by all parties required in the Subdivision Map Act and this Chapter, shall be submitted to the Planning Department. Upon final review, the Planning Department shall route the parcel map to the Department of Public Works for approval and transmittal to the Clerk Recorder. Any changes made by the subdivider other than those required through the technical review process shall be marked by the subdivider in red on the revised prints.

2.

Agency Action. The parcel map may be presented to the Planning Department for approval after all fees, supplementary documents and plans have been determined to be satisfactory by the Department of Public Works and will be processed within thirty (30) days.

3.

Evidence of Title. The subdivider shall present to the County Recorder the evidence of title required by the Subdivision Map Act prior to the County Recorder filing the parcel map.

4.

Filing by Units. The subdivider may elect to file a parcel map for all or part of the approved tentative map in the sequence of units approved by the Advisory Agency. The sequence of units shall be shown on the tentative map. Each parcel map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

5.

Upon submittal of the parcel map for recordation, the subdivider shall, if it is available, submit an electronic copy of the map to the Assessors Office in an AutoCAD.DWG file format using the California Stateplane Zone II coordinate system. If the AutoCAD.DWG file format is unavailable, then the subdivider shall, if it is available, an electronic copy of the map in the .DGN or .DXF. If Stateplane coordinates are unavailable, the subdivider shall indicate the geographic position or benchmark of the drawing's origin and the drawing units (i.e., feet, meters, etc.). The electronic file, if submitted, shall be accompanied with a letter certifying the electronic copy is identical to the recorded map.

E.

Acceptance or Rejection of Dedications. Upon presentation of a parcel map with offers of dedication by separate instrument, the County Surveyor, within thirty (30) days of such submittal, shall accept, reject, or accept subject to improvements any or all offers of dedication of streets or other easements. Upon approval of the parcel map, the County Surveyor shall submit the map to the County Recorder for filing.

(Ord. 1374. (04/28/1986); Ord. 1381. (06/02/1986); Ord. 1883. (04/11/1995); Ord. 2531. (10/24/2023))

A.

Final maps, parcel maps and supplemental data documents recorded in the office of the Clerk Recorder and approved tentative maps may be amended pursuant to this Section.

1.

Map errors or omissions on a recorded final map or parcel map may be corrected by a certificate of correction or an amending map as authorized by Cal. Gov't Code § 66469, as may be amended from time to time, and shall be processed in conformance with the Cal. Gov't Code §§ 66470—66472.1.

2.

Other amendments to a recorded final or parcel map, including to supplemental data recorded as a part thereof, may be made by a certificate of correction or an amending map in accordance with the Subdivision Map Act and this Section.

3.

Amendments to a supplemental data document recorded as a separate document may be made by recording an amended supplemental data document in accordance with this Section.

4.

Amendments to an approved tentative map may be made in accordance with this Section.

B.

A request to amend any item in Subsections A.2—A.4, above, shall be filed with the Planning Department, accompanied by the appropriate fee, and shall include:

1.

Identification of the map or document sought to be changed and a detailed list of all of the current conditions of approval or other aspects sought to be changed;

2.

Identification of the specific conditions of approval or other aspects sought to be changed, detailing the reasons therefore;

3.

A statement of the changed conditions or other aspects to be substituted, if any; and

4.

A statement of whether any prior modifications or alterations to the map or document have been sought and the disposition of each such request.

C.

The request shall be noticed in the same manner as the initial application and shall be heard by the same hearing body that approved the final map, parcel map, or information in the supplemental data document. The hearing and the scope of review shall be limited to consideration of the effect of the amendments requested and not to the entire project. Action and findings shall be required only on the proposed amendments.

D.

The amendment may be approved only if all of the following findings are made:

1.

The amendment will have a cumulatively minor impact on the subdivision and its impacts;

2.

The amendment conforms to the provisions of Cal. Gov't Code § 66474;

3.

The amendment would not affect any of the other findings for approval required by this Chapter; and

4.

In addition, all of the following findings shall be required for approval of amendments to recorded final maps or parcel maps or to recorded supplemental data documents:

a.

There are changes in the circumstances that make the aspects sought to be changed no longer appropriate or necessary;

b.

The modifications do not impose any additional burden on the present fee owner of the property; and

c.

The modifications do not alter any right, title, or interest in the real property reflected on the recorded map.

(Ord. 1895. (01/16/1996); Ord. 2531. (10/24/2023))

A.

General. Subdivided property shall be reverted to acreage by final map when the property to be reverted contains five (5) or more contiguous parcels. Subdivided property may be reverted to acreage by parcel map pursuant to applicable sections of the Subdivision Map Act when the property being reverted consists of four (4) or less contiguous parcels under the same ownership.

B.

Fees. Petitions to revert property to acreage shall be accompanied by a fee in accordance with the latest fee schedule adopted by the Board of Supervisors. If the proceedings are initiated pursuant to action of the Board of Supervisors, the person or persons, other than a County agency, who requested that the Board of Supervisors initiate the proceedings shall pay the fee as specified. Fees are not refundable.

C.

Initiation of Proceedings by Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all owners of record of the property. The petition shall be filed with the Planning Department. The petition shall contain the information required below.

D.

Initiation of Proceedings by the Board of Supervisors. The Board of Supervisors, at the request of any person or on its own motion, may, by resolution, initiate proceedings to revert property to acreage.

E.

Data for Reversion to Acreage. Petitioners shall file the following with the Planning Department:

1.

Evidence of title to the real property.

A final map or parcel map in the form prescribed by Sections 13.02.050 or 13.02.160, delineating dedications that are a condition to reversion.

3.

Sufficient data to enable the Board of Supervisors or Advisory Agency to make all of the determinations and findings required by this Section and the Subdivision Map Act.

4.

Such other pertinent information as may be required by the Board of Supervisors or Advisory Agency.

F.

Final Map Submittal for Checking. The final map or parcel map required by this Section shall be submitted for checking as specified in Sections 13.02.050 or 13.02.160. Mathematical closure calculations will not be required.

G.

Proceedings Before the Board of Supervisors.

1.

A public hearing shall be held before the Board of Supervisors or the Advisory Agency on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in the Subdivision Map Act.

2.

The Board of Supervisors may approve a reversion to acreage only if it finds that:

a.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

b.

Either:

1)

All owners of an interest in the real property to be reverted to acreage have consented to the reversion;

2)

None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record or within the time allowed by agreement for completion of the improvements, whichever is later; or

None of the lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.

c.

The Board of Supervisors shall require as conditions of the reversion:

1)

The owners dedicate or offer to dedicate streets or easements.

2)

The retention of all or a portion of previously paid subdivision fees, deposits or improvements securities if the same are necessary to accomplish any of the provisions of this Chapter.

H.

Proceeding Before the Advisory Agency.

1.

The Zoning Administrator shall review all proposals to revert previously subdivided land to acreage by parcel map.

2.

The Zoning Administrator may approve a reversion to acreage only if it finds that:

a.

There are no dedications or offers of dedication to be vacated or abandoned.

b.

Either:

1)

All owners of an interest in the real property to be reverted to acreage have consented to reversion; or

2)

None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record or within the time allowed by agreement for completion of the improvements, whichever is later; or

3)

None of the lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.

c.

The Zoning Administrator shall require as conditions of the reversion:

1)

The owners dedicate or offer to dedicate streets or easements.

2)

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Chapter.

I.

Delivery of Final Maps. After the hearing before the Board of Supervisors and approval of the final map by the County Surveyor, the County Surveyor shall deliver the final map to the County Recorder for filing.

J.

Delivery of Parcel Maps. After review by the Zoning Administrator and approval of the parcel map by the County Surveyor, the County Surveyor shall deliver the parcel map to the County Recorder for filing.

K.

Effect of Filing Reversion Map with the County Recorder. Reversion shall be effective upon the final map or parcel map being filed for record by the County Recorder. Upon such filings, all dedications and outstanding offers of dedication not shown on the map for reversion shall be of no further force or effect.

(Ord. 1896. (01/16/1996); Ord. 2531. (10/24/2023))

A.

Whenever any officer, official, or department head of the County of Nevada has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of the provisions of this Chapter, the Planning Director shall be notified. If the Director determines that there has been a violation, the Director shall cause to be filed a notice of intention to record a notice of violation, which shall be mailed by certified mail to the then-current owner(s) of record of the property in accord with the provisions of Cal. Gov't Code § 66499.36, as may be amended from time to time.

B.

The notice shall contain a description of the violation(s) and an explanation as to why the subject parcel is not lawful if created before March 4, 1972, and shall specify the time, date and place of a meeting of the appropriate Advisory Agency of the County of Nevada no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing at which the owner(s) of said property may present evidence as to why such notice should not be recorded. If, within fifteen (15) days of receipt of the notice, the owner(s) fails

to inform the Planning Department of his or her objection to recording the notice of violation, the Advisory Agency shall cause the Notice of Violation to be recorded with the Nevada County Recorder.

C.

If the owner(s) timely object to recordation of the notice of violation, a public hearing shall be held at which evidence may be presented on the issue of whether there has been a violation(s). If, after the owner(s) has presented evidence, the Advisory Agency determines that there has been no violation, the Local Agency shall cause a clearance letter to be mailed to the then current owner(s) of record. If, after the owner(s) has presented the evidence, the Advisory Agency determines that the property has in fact been illegally divided, it shall cause the Notice of Violation to be recorded with the Nevada County Recorder.

D.

A Notice of Violation, when recorded as provided herein, shall be deemed to be constructive notice of the violation to all successors in interest in such property. After recordation, a Notice of Violation can only be cleared through approval of a new subdivision application or Certificate of Compliance, if applicable, in compliance with the current provisions of the Subdivision Map Act and this Chapter.

(Ord. 2531. (10/24/2023))

A.

General. Pursuant to Cal. Gov't Code § 66499.35, upon application to the Planning Department, a party owning real property or a vendee of such person pursuant to a contract of sale for such real property may obtain a Certificate of Compliance or a Conditional Certificate of Compliance. The Board of Supervisors may, by resolution, establish a fee to cover the cost of issuing and recording the Certificate of Compliance or Conditional Certificate of Compliance.

B.

Fees. An application and filing fee shall be made by verified petition of the owner or vendee for each parcel pursuant to a contract of sale identifying the property and shall be accompanied by all relevant documentation.

C.

Processing.

1.

Upon acceptance of the application, the Planning Department shall circulate copies of the application to the Department of Public Works, Environmental Health, and such other County departments as may be appropriate, which departments shall review same and submit their comments and recommendations to the Planning Department within thirty (30) days.

Thereafter the applications shall be reviewed and acted on by the Planning Director. If the Planning Director determines that the real property complies with the applicable provisions of the Subdivision Map Act and all local ordinances, the Planning Director shall make a finding to that effect and shall then cause a Certificate of Compliance to be recorded. If the Planning Director determines that the Certificate must include conditions, the application shall be set for a public hearing before the Zoning Administrator. The Planning Department shall review the matter and make its recommendation to the Zoning Administrator at the time of the public hearing.

3.

If the Zoning Administrator determines that the real property complies with the applicable provisions of the Subdivision Map Act and all local ordinances, the Zoning Administrator shall make a finding to that effect and shall then cause a Certificate of Compliance to be recorded.

4.

If the Zoning Administrator determines that the real property does not comply with the provisions of the Subdivision Map Act or with the applicable local ordinances enacted pursuant thereto, the Zoning Administrator may, as a condition of granting a Certificate of Compliance, impose such conditions as follows:

a.

If the applicant was the owner of record at the time of the initial violation of the Subdivision Map Act or applicable local ordinances, created a parcel or parcels by a grant of real property in violation of the Subdivision Map Act or applicable local ordinances and is the current owner of record of one (1) or more of the parcels created as a result of the grant in violation of the Subdivision Map Act or applicable local ordinances, the Zoning Administrator may impose such conditions as would be applicable to a current division of that property.

b.

If the applicant does not fall under Subsection A above, the Zoning Administrator may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest in the property and which had been established at such time by the Subdivision Map Act or local ordinances enacted pursuant thereto.

5.

Upon making the determination and establishing the conditions, the Zoning Administrator shall then cause a Conditional Certificate of Compliance to be recorded. Any conditions placed on a Conditional Certificate of Compliance must be fulfilled prior to the issuance of any permits or other grants of approval for development of the subject real property, but compliance with such conditions shall not be required until such time as permits or other grants of approval for development are issued by the County.

(Ord. 1375. (05/06/1886); Ord. 1893. (01/16/1996); Ord. 2531. (10/24/2023))