Assembly Bill No. 142–Assemblymen Von Tobel, Angle, Price, Manendo, Gustavson, Giunchigliani, Chowning, Humke, Gibbons, Tiffany, Segerblom and Collins

February 5, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Authorizes certain larger counties to establish town board form of government for unincorporated towns. (BDR 21-371)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to unincorporated towns; authorizing certain larger counties to establish a town board form of government for unincorporated towns; revising provisions governing applications for variances or special use permits with regard to property located within an unincorporated town governed by a town board; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 269.011 is hereby amended to read as follows:

1-2 269.011 [The] Except as otherwise provided in NRS 269.576, the

1-3 provisions of NRS 269.016 to [269.022, inclusive, and 269.024 to]

1-4 269.0248, inclusive, apply to each unincorporated town in a county having

1-5 a population of less than 100,000 which has not elected to accept the

1-6 provisions of the Unincorporated Town Government Law.

1-7 Sec. 2. NRS 269.0171 is hereby amended to read as follows:

1-8 269.0171 1. If the establishment of a town board form of

1-9 government is proposed by initiative petition [,] pursuant to NRS

1-10 269.0165, and the proposal is submitted to the electors, the prospective

1-11 members of the town board must be elected at the same general election in

1-12 which the proposal is submitted to the electors.

1-13 2. Any person who is a resident, is a qualified elector and desires to

1-14 become a candidate for the position of member of a town board must,

1-15 within the time specified by subsection 3, file in the office of the county

2-1 clerk a notice of his intention to become a candidate. The notice of

2-2 intention must show that the person possesses the qualifications required

2-3 by this section. Each person filing the notice of intention as required by

2-4 this section is entitled to have his name placed on the official ballot.

2-5 3. The notice of intention required by subsection 2 must be filed not

2-6 later than 5 p.m. on the second Tuesday in May of the year in which the

2-7 election is held.

2-8 4. If the proposal to establish a town board form of government is

2-9 approved at the election, members of the town board elected pursuant to

2-10 this section serve as members until the next general election.

2-11 Sec. 3. NRS 269.545 is hereby amended to read as follows:

2-12 269.545 1. The initiative petition presented to the board or the

2-13 question placed on the ballot, as provided in NRS 269.540, must contain a

2-14 statement substantially as follows:

2-15 The undersigned declare their purpose to be the support of the

2-16 concept of unincorporated town government, that they desire

2-17 hereby to make provision for the supplying of one or more of the

2-18 town services enumerated in NRS 269.575 and that they

2-19 acknowledge the fact that the supplying of such service or services

2-20 will require a special tax levy, the establishment of a user fee

2-21 schedule or a combination of both.

2-22 2. The boundaries of [such] the area sought to be brought within an

2-23 unincorporated town area must be clearly designated and declared. The

2-24 area encompassed must be contiguous.

2-25 3. The petition [shall] must state :

2-26 (a) In a county whose population is 400,000 or more, whether the

2-27 unincorporated town is to be governed by:

2-28 (1) A town board form of government; or

2-29 (2) The board of county commissioners with the assistance and

2-30 advice of a town advisory board, in which case the petition must also

2-31 state whether the town advisory board is to be composed of three members

2-32 or five members.

2-33 (b) In a county whose population is less than 400,000, whether the

2-34 town advisory board is to be composed of three members or five

2-35 members.

2-36 Sec. 4. NRS 269.550 is hereby amended to read as follows:

2-37 269.550 1. If the petition presented to the board contains the

2-38 requisite number of signatures pursuant to subsection 1 of NRS 269.540

2-39 and otherwise meets the requirements provided in NRS 269.545, the board

2-40 may, by ordinance, proceed with the formation of the unincorporated town.

3-1 The ordinance must contain a clear designation of the boundaries, include

3-2 a listing of services to be provided and :

3-3 (a) In a county whose population is 400,000 or more, provide whether

3-4 the unincorporated town is to be governed by:

3-5 (1) A town board form of government; or

3-6 (2) The board of county commissioners with the assistance and

3-7 advice of a town advisory board, in which case the ordinance must also

3-8 provide the number of members to be on the town advisory board.

3-9 (b) In a county whose population is less than 400,000, provide the

3-10 number of members to be on the town advisory board.

3-11 2. If the petition presented to the board contains the requisite number

3-12 of signatures pursuant to subsection 2 of NRS 269.540, the board may, by

3-13 resolution adopted at a regular meeting, provide for submission of the

3-14 question of the formation of an unincorporated town to the registered

3-15 voters residing within the boundaries of the area proposed for that town at

3-16 the next succeeding primary or general election. As a part of the question ,

3-17 there must be included the statement that an affirmative vote carries with it

3-18 the assent to be taxed for the service or services indicated in the board’s

3-19 resolution.

3-20 Sec. 5. NRS 269.560 is hereby amended to read as follows:

3-21 269.560 If a majority of the registered voters residing within the

3-22 boundaries of the proposed unincorporated town and voting on the

3-23 question in the primary or general election as provided in subsection 2 of

3-24 NRS 269.550 or in NRS 269.555 approve the question, the board shall by

3-25 ordinance proceed with the formation of the unincorporated town. The

3-26 ordinance must contain a clear designation of the boundaries, include a

3-27 listing of the services to be provided and :

3-28 1. In a county whose population is 400,000 or more, provide whether

3-29 the unincorporated town is to be governed by:

3-30 (a) A town board form of government; or

3-31 (b) The board of county commissioners with the assistance and advice

3-32 of a town advisory board, in which case the ordinance must also provide

3-33 the number of members to be on the town advisory board.

3-34 2. In a county whose population is less than 400,000, provide the

3-35 number of members to be on the town advisory board.

3-36 Sec. 6. NRS 269.563 is hereby amended to read as follows:

3-37 269.563 1. The board of county commissioners of a county whose

3-38 population is 400,000 or more may provide by ordinance for the formation

3-39 of an unincorporated town in an area that contains no residents if all of the

3-40 owners of land within the boundaries of the proposed unincorporated town

3-41 so request in writing. The written request of the owners must include the

3-42 statement that the owners consent to be taxed for the services to be listed in

4-1 the ordinance. If any owner withdraws his consent before adoption of the

4-2 ordinance creating the unincorporated town, his property must be excluded

4-3 in fixing the boundaries of the town.

4-4 2. The ordinance must contain a clear designation of the boundaries of

4-5 the unincorporated town and the boundaries of any area which may be

4-6 annexed into the unincorporated town, include a listing of services to be

4-7 provided, [the number of members to serve on the town advisory board

4-8 and] provide whether the unincorporated town is to be governed by a

4-9 town board form of government or by the board of county commissioners

4-10 with the assistance and advice of a town advisory board, and provide the

4-11 conditions that must be satisfied before appointment of the first town

4-12 board or town advisory board. These conditions may include, without

4-13 limitation, the number of residents, the level of services being provided

4-14 and the extent of improvements in place. If a town advisory board is to be

4-15 established, the ordinance must provide the number of members to serve

4-16 on the town advisory board.

4-17 Sec. 7. NRS 269.565 is hereby amended to read as follows:

4-18 269.565 1. The boards of county commissioners of the various

4-19 counties in this state may enact ordinances to provide for and regulate the

4-20 formation of unincorporated towns if specific unincorporated county areas

4-21 are directed by federal or state law to administer one or more of the

4-22 services enumerated in subsection 2.

4-23 2. The services to be provided include , but are not limited to , solid

4-24 waste disposal and compliance with federal water or air quality standards.

4-25 3. Any such ordinance must contain a clear designation of the

4-26 boundaries of the unincorporated town, include a listing of services to be

4-27 provided and :

4-28 (a) In a county whose population is 400,000 or more, provide whether

4-29 the unincorporated town is to be governed by:

4-30 (1) A town board form of government; or

4-31 (2) The board of county commissioners with the assistance and

4-32 advice of a town advisory board, in which case the ordinance must also

4-33 provide the number of members to be on the town advisory board.

4-34 (b) In a county whose population is less than 400,000, provide the

4-35 number of members to be on the town advisory board.

4-36 Sec. 8. NRS 269.576 is hereby amended to read as follows:

4-37 269.576 1. [Except as appointment may be deferred pursuant to NRS

4-38 269.563,] If the board of county commissioners of any county whose

4-39 population is 400,000 or more [shall, in each] , in an ordinance which

4-40 establishes an unincorporated town pursuant to NRS 269.500 to 269.625,

4-41 inclusive, provides that the unincorporated town is to be governed by:

5-1 (a) A town board form of government, the members of the town board

5-2 must be appointed by the board of county commissioners pursuant to

5-3 NRS 269.017 and the town board is subject to the provisions of NRS

5-4 269.017 to 269.022, inclusive.

5-5 (b) The board of county commissioners with the assistance and advice

5-6 of a town advisory board, the ordinance must, except as appointment

5-7 may be deferred pursuant to NRS 269.563, provide for:

5-8 [(a)] (1) Appointment by the board of county commissioners of three or

5-9 five qualified electors who are residents of the unincorporated town to

5-10 serve as the town advisory board.

5-11 [(b)] (2) Terms for members of the town advisory board, which must

5-12 expire on the first Monday in January of each odd-numbered year.

5-13 [(c)] (3) Removal of a member of the town advisory board if the board

5-14 of county commissioners finds that his removal is in the best interest of the

5-15 residents of the unincorporated town, and for appointment of a member to

5-16 serve the unexpired term of the member so removed.

5-17 2. The duties of [the] a town advisory board are to:

5-18 (a) Assist the board of county commissioners in governing the

5-19 unincorporated town by acting as liaison between the residents of the town

5-20 and the board of county commissioners; and

5-21 (b) Advise the board of county commissioners on matters of importance

5-22 to the unincorporated town and its residents.

5-23 3. The board of county commissioners may provide by ordinance for

5-24 compensation for the members of [the] a town advisory board.

5-25 Sec. 9. NRS 278.315 is hereby amended to read as follows:

5-26 278.315 1. The governing body may provide by ordinance for the

5-27 granting of variances, special use permits, conditional use permits or other

5-28 special exceptions by the board of adjustment, the planning commission or

5-29 a hearing examiner appointed pursuant to NRS 278.262. The governing

5-30 body may impose this duty entirely on the board, commission or examiner,

5-31 respectively, or provide for the granting of enumerated categories of

5-32 variances, special use permits, conditional use permits or special

5-33 exceptions by the board, commission or examiner.

5-34 2. A hearing to consider an application for the granting of a variance,

5-35 special use permit, conditional use permit or special exception must be

5-36 held before the board of adjustment, planning commission or hearing

5-37 examiner within 65 days after the filing of the application, unless a longer

5-38 time or a different process of review is provided in an agreement entered

5-39 into pursuant to NRS 278.0201. A notice setting forth the time, place and

5-40 purpose of the hearing must be sent by mail at least 10 days before the

5-41 hearing to:

5-42 (a) The applicant;

6-1 (b) Each owner of real property located within 300 feet of the property

6-2 in question;

6-3 (c) If a mobile home park is located within 300 feet of the property in

6-4 question, each tenant of that mobile home park; and

6-5 (d) Any advisory board which has been established for the affected area

6-6 by the governing body.

6-7 The notice must be written in language which is easy to understand. It

6-8 must set forth the time, place and purpose of the hearing and a physical

6-9 description or map of the property in question.

6-10 3. If the application is for the issuance of a special use permit in a

6-11 county whose population is 100,000 or more, the governing body shall, to

6-12 the extent this notice does not duplicate the notice required by subsection

6-13 2, cause a notice to be sent by mail at least 10 days before the hearing to

6-14 each owner, as listed on the [county assessor’s records,] records of the

6-15 county assessor, of at least 30 parcels nearest to the property in question.

6-16 The notice must be written in language which is easy to understand. It

6-17 must set forth the time, place and purpose of the hearing and a physical

6-18 description or map of the property in question.

6-19 4. If an application is for the issuance of a variance or special use

6-20 permit with regard to property that is located within an unincorporated

6-21 town that is governed by a town board, the applicant must present with

6-22 the application evidence that his intent to apply for the variance or

6-23 special use permit has been discussed at a public meeting of the town

6-24 board.

6-25 5. An ordinance adopted pursuant to this section must provide an

6-26 opportunity for the applicant or a protestant to appeal from a decision of

6-27 the board of adjustment, planning commission or hearing examiner to the

6-28 governing body.

6-29 [5.] 6. In a county whose population is 400,000 or more, if the

6-30 application is for the issuance of a special use permit for an establishment

6-31 which serves alcoholic beverages for consumption on or off of the

6-32 premises as its primary business in a district which is not a gaming

6-33 enterprise district as defined in NRS 463.0158, the governing body shall,

6-34 in addition to mailing the notice required pursuant to subsection 3, not later

6-35 than 10 days before the hearing, erect or cause to be erected on the

6-36 property, at least one sign not less than 2 feet high and 2 feet wide. The

6-37 sign must be made of material reasonably calculated to withstand the

6-38 elements for 40 days. The governing body must be consistent in its use of

6-39 colors for the background and lettering of the sign. The sign must include

6-40 the following information:

6-41 (a) The existing permitted use and zoning designation of the property in

6-42 question;

6-43 (b) The proposed permitted use of the property in question;

7-1 (c) The date, time and place of the public hearing; and

7-2 (d) A telephone number which may be used by interested persons to

7-3 obtain additional information.

7-4 [6.] 7. A sign required pursuant to subsection [5] 6 is for informational

7-5 purposes only, and must be erected regardless of any local ordinance

7-6 regarding the size, placement or composition of signs to the contrary.

7-7 [7.] 8. A governing body may charge an additional fee for each

7-8 application for a special use permit to cover the actual costs resulting from

7-9 the erection of not more than one sign required by subsection [5,] 6, if any.

7-10 The additional fee is not subject to the limitation imposed by NRS

7-11 354.5989.

7-12 [8.] 9. The governing body shall remove or cause to be removed any

7-13 sign required by subsection [5] 6 within 5 days after the final hearing for

7-14 the application for which the sign was erected. There must be no additional

7-15 charge to the applicant for such removal.

7-16 Sec. 10. NRS 463.325 is hereby amended to read as follows:

7-17 463.325 In a county whose population is 400,000 or more:

7-18 1. The county license department, or the sheriff if there is no county

7-19 license department, shall collect all county license fees, and no license

7-20 money paid to the sheriff or county license department may be refunded,

7-21 whether the slot machine, game or device for which the license was issued

7-22 has voluntarily ceased or its license has been revoked or suspended, or for

7-23 any other reason. The sheriff in his county or the county license

7-24 department shall demand that all persons required to procure county

7-25 licenses in accordance with this chapter take out and pay for the licenses,

7-26 and the sheriff, if there is no county license department, is liable on his

7-27 official bond for all money due for the licenses remaining uncollected by

7-28 reason of his negligence.

7-29 2. If the county has no county license department, the sheriff shall, on

7-30 or before the fifth day of each month, pay over to the county treasurer all

7-31 money received by him for licenses and take from the county treasurer a

7-32 receipt therefor, and he shall immediately on the same day return to the

7-33 county auditor all licenses not issued or disposed of by him as is provided

7-34 by law with respect to other county licenses.

7-35 3. If the county has a county license department, all money received

7-36 for county gaming licenses must be paid over to the county treasurer at the

7-37 time and in the manner prescribed by county ordinance.

7-38 4. All money received for county gaming licenses under this chapter

7-39 must be apportioned by the county treasurer in the following manner:

7-40 (a) Where the license is collected within the boundaries of any

7-41 incorporated city, the money must be paid into the general fund of the

7-42 incorporated city.

8-1 (b) Where the license is collected within the boundaries of any

8-2 unincorporated town under the control of a town board or the board of

8-3 county commissioners pursuant to chapter 269 of NRS, the money must be

8-4 placed in the town government fund for the general use and benefit of the

8-5 unincorporated town.

8-6 (c) Where the license is collected outside the boundaries of any

8-7 incorporated city or unincorporated town under the control of the board of

8-8 county commissioners pursuant to chapter 269 of NRS, the money must be

8-9 retained by the county treasurer for credit to the county general fund.

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