Assembly Bill No. 563–Assemblymen Thomas, Giunchigliani, Evans, Goldwater, Buckley, Chowning, Mortenson, Koivisto, Claborn, Bache, Anderson, Manendo, Ohrenschall, Leslie, Parnell and Perkins

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Establishes provisions to promote infill development in smart growth zones. (BDR 22-1337)

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 land use planning; requiring certain governing bodies adopting any part of the master plan to adopt a land use plan; establishing provisions to promote infill development in smart growth zones; 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. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3 Sec. 2. "Infill development" means development that fills in an

1-4 existing pattern of development on land that is:

1-5 1. Improved or unimproved; and

1-6 2. Surrounded completely by infrastructure and other development.

1-7 Sec. 3. "Infrastructure" means publicly owned or publicly supported

1-8 facilities that are necessary or desirable to support intense habitation

1-9 within a region, including, without limitation, parks, roads, schools,

1-10 police stations, fire stations, community centers, sanitary sewers,

1-11 facilities for mass transit and facilities for the conveyance of power,

1-12 water and the treatment of wastewater.

1-13 Sec. 4. "Smart growth zone" means an area designated pursuant to

1-14 section 5 of this act.

2-1 Sec. 5. 1. In a county whose population is 100,000 or more, the

2-2 governing body of the county and each city in the county shall designate

2-3 as a smart growth zone each area within its jurisdiction that is likely to

2-4 benefit from infill development. The governing body shall review such

2-5 zones periodically and adjust the zones as it deems necessary.

2-6 2. In a county whose population is less than 100,000, the governing

2-7 body of the county and each city in the county may designate as a smart

2-8 growth zone each area within its jurisdiction that is likely to benefit from

2-9 infill development. The governing body may review and adjust such

2-10 zones periodically as it deems necessary.

2-11 Sec. 6. NRS 278.010 is hereby amended to read as follows:

2-12 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

2-13 to 5, inclusive, of this act, unless the context otherwise requires, the words

2-14 and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 2,

2-15 3 and 4 of this act, have the meanings ascribed to them in those sections.

2-16 Sec. 7. NRS 278.150 is hereby amended to read as follows:

2-17 278.150 1. The planning commission shall prepare and adopt a

2-18 comprehensive, long-term general plan for the physical development of the

2-19 city, county or region which in the commission’s judgment bears relation to

2-20 the planning thereof.

2-21 2. The plan must be known as the master plan, and must be so prepared

2-22 that all or portions thereof, except as otherwise provided in subsection 3,

2-23 may be adopted by the governing body, as provided in NRS 278.010 to

2-24 278.630, inclusive, as a basis for the development of the city, county or

2-25 region for such reasonable period of time next ensuing after the adoption

2-26 thereof as may practically be covered thereby.

2-27 3. In counties whose population is 100,000 or more, if the governing

2-28 body of the city or county adopts only a portion of the master plan, it shall

2-29 include in that portion a conservation plan, a housing plan , a land use plan

2-30 and a population plan as provided in NRS 278.160.

2-31 Sec. 8. NRS 278.160 is hereby amended to read as follows:

2-32 278.160 1. The master plan, with the accompanying charts, drawings,

2-33 diagrams, schedules and reports, may include such of the following subject

2-34 matter or portions thereof as are appropriate to the city, county or region,

2-35 and as may be made the basis for the physical development thereof:

2-36 (a) Community design. Standards and principles governing the

2-37 subdivision of land and suggestive patterns for community design and

2-38 development.

2-39 (b) Conservation plan. For the conservation, development and utilization

2-40 of natural resources, including water and its hydraulic force, underground

2-41 water, water supply, forests, soils, rivers and other waters, harbors,

2-42 fisheries, wildlife, minerals and other natural resources. The plan must also

2-43 cover the reclamation of land and waters, flood control, prevention and

3-1 control of the pollution of streams and other waters, regulation of the use of

3-2 land in stream channels and other areas required for the accomplishment of

3-3 the conservation plan, prevention, control and correction of the erosion of

3-4 soils through proper clearing, grading and landscaping, beaches and shores,

3-5 and protection of watersheds. The plan must also indicate the maximum

3-6 tolerable level of air pollution.

3-7 (c) Economic plan. Showing recommended schedules for the allocation

3-8 and expenditure of public money in order to provide for the economical

3-9 and timely execution of the various components of the plan.

3-10 (d) Historical properties preservation plan. An inventory of significant

3-11 historical, archaeological and architectural properties as defined by a city,

3-12 county or region, and a statement of methods to encourage the preservation

3-13 of those properties.

3-14 (e) Housing plan. The housing plan must include, but is not limited to:

3-15 (1) An inventory of housing conditions, needs and plans and

3-16 procedures for improving housing standards and for providing adequate

3-17 housing.

3-18 (2) An inventory of affordable housing in the community.

3-19 (3) An analysis of the demographic characteristics of the community.

3-20 (4) A determination of the present and prospective need for

3-21 affordable housing in the community.

3-22 (5) An analysis of any impediments to the development of affordable

3-23 housing and the development of policies to mitigate those impediments.

3-24 (6) An analysis of the characteristics of the land that is the most

3-25 appropriate for the construction of affordable housing.

3-26 (7) An analysis of the needs and appropriate methods for the

3-27 construction of affordable housing or the conversion or rehabilitation of

3-28 existing housing to affordable housing.

3-29 (8) A plan for maintaining and developing affordable housing to meet

3-30 the housing needs of the community.

3-31 (f) Land use plan. An inventory and classification of types of natural

3-32 land and of existing land cover and uses, and comprehensive plans for the

3-33 most desirable utilization of land. The land use plan [may] :

3-34 (1) Must show each smart growth zone that has been designated

3-35 pursuant to section 5 of this act;

3-36 (2) Must identify policies that would assist in promoting infill

3-37 development in such zones; and

3-38 (3) May include a provision concerning the acquisition and use of

3-39 land that is under federal management within the city, county or region,

3-40 including, without limitation, a plan or statement of policy prepared

3-41 pursuant to NRS 321.7355.

4-1 (g) Population plan. An estimate of the total population which the

4-2 natural resources of the city, county or region will support on a continuing

4-3 basis without unreasonable impairment.

4-4 (h) Public buildings. Showing locations and arrangement of civic centers

4-5 and all other public buildings, including the architecture thereof and the

4-6 landscape treatment of the grounds thereof.

4-7 (i) Public services and facilities. Showing general plans for sewage,

4-8 drainage and utilities, and rights of way, easements and facilities therefor,

4-9 including any utility projects required to be reported pursuant to NRS

4-10 278.145.

4-11 (j) Recreation plan. Showing a comprehensive system of recreation

4-12 areas, including natural reservations, parks, parkways, reserved riverbank

4-13 strips, beaches, playgrounds and other recreation areas, including, when

4-14 practicable, the locations and proposed development thereof.

4-15 (k) Safety plan. In any county whose population is 400,000 or more,

4-16 identifying potential types of natural and man-made hazards, including

4-17 hazards from floods, landslides or fires, or resulting from the manufacture,

4-18 storage, transfer or use of bulk quantities of hazardous materials. The plan

4-19 may set forth policies for avoiding or minimizing the risks from those

4-20 hazards.

4-21 (l) Seismic safety plan. Consisting of an identification and appraisal of

4-22 seismic hazards such as susceptibility to surface ruptures from faulting, to

4-23 ground shaking or to ground failures.

4-24 (m) Solid waste disposal plan. Showing general plans for the disposal of

4-25 solid waste.

4-26 (n) Streets and highways plan. Showing the general locations and widths

4-27 of a comprehensive system of major traffic thoroughfares and other traffic

4-28 ways and of streets and the recommended treatment thereof, building line

4-29 setbacks, and a system of naming or numbering streets and numbering

4-30 houses, with recommendations concerning proposed changes.

4-31 (o) Transit plan. Showing a proposed system of transit lines, including

4-32 rapid transit, streetcar, motorcoach and trolley coach lines and related

4-33 facilities.

4-34 (p) Transportation plan. Showing a comprehensive transportation

4-35 system, including locations of rights of way, terminals, viaducts and grade

4-36 separations. The plan may also include port, harbor, aviation and related

4-37 facilities.

4-38 2. The commission may prepare and adopt, as part of the master plan,

4-39 other and additional plans and reports dealing with such other subjects as

4-40 may in its judgment relate to the physical development of the city, county

4-41 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

4-42 prohibits the preparation and adoption of any such subject as a part of the

4-43 master plan.

5-1 Sec. 9. NRS 278.170 is hereby amended to read as follows:

5-2 278.170 1. The commission may prepare and adopt all or any part of

5-3 the master plan or any subject thereof, except as otherwise provided in

5-4 subsection 2, for all or any part of the city, county or region. Master

5-5 regional plans must be coordinated with similar plans of adjoining regions,

5-6 and master county and city plans within each region must be coordinated so

5-7 as to fit properly into the master plan for the region.

5-8 2. In counties whose population is 100,000 or more, if the commission

5-9 prepares and adopts less than all subjects of the master plan, as outlined in

5-10 NRS 278.160, it shall include, in its preparation and adoption, the

5-11 conservation, housing , land use and population plans described in that

5-12 section.

5-13 Sec. 10. NRS 231.067 is hereby amended to read as follows:

5-14 231.067 The commission on economic development shall:

5-15 1. Develop a state plan for industrial development and diversification.

5-16 The state plan must include a provision that promotes infill development

5-17 in smart growth zones designated pursuant to section 5 of this act.

5-18 2. Promote, encourage and aid the development of commercial,

5-19 industrial, agricultural, mining and other vital economic interests of this

5-20 state, except for travel and tourism, except that in a county whose

5-21 population is less than 35,000, the county may include community

5-22 development and the development of the nongaming recreation and tourism

5-23 industry in its economic development efforts.

5-24 3. Identify sources of financing and assist businesses and industries

5-25 which wish to locate in Nevada in obtaining financing.

5-26 4. Provide and administer grants of money to political subdivisions of

5-27 the state and to local or regional organizations for economic development

5-28 to assist them in promoting the advantages of their communities and in

5-29 recruiting businesses to relocate in those communities. Each recipient must

5-30 provide an amount of money, at least equal to the grant, for the same

5-31 purpose, except, in a county whose population is less than 35,000, the

5-32 commission may, if convinced that the recipient is financially unable to do

5-33 so, provide such a grant with less than equal matching money provided by

5-34 the recipient.

5-35 5. Encourage and assist state, county and city agencies in planning and

5-36 preparing projects for economic or industrial development and financing

5-37 those projects with revenue bonds.

5-38 6. Coordinate and assist the activities of counties, cities, local and

5-39 regional organizations for economic development and fair and recreation

5-40 boards in the state which affect industrial development, except for travel

5-41 and tourism, except that in a county whose population is less than 35,000,

5-42 the county may include community development and the development of

6-1 the nongaming recreation and tourism industry in its economic

6-2 development efforts.

6-3 7. Arrange by cooperative agreements with local governments to serve

6-4 as the single agency in the state where relocating or expanding businesses

6-5 may obtain all required permits.

6-6 8. Promote close cooperation between public agencies and private

6-7 persons who have an interest in industrial development and diversification

6-8 in Nevada.

6-9 9. Organize and coordinate the activities of a group of volunteers

6-10 which will aggressively select and recruit businesses and industries,

6-11 especially small industries, to locate their offices and facilities in Nevada.

6-12 Sec. 11. NRS 319.160 is hereby amended to read as follows:

6-13 319.160 1. The division may provide advice, technical information,

6-14 training and educational services, conduct research and promote the

6-15 development of housing, building technology and related fields.

6-16 2. The division shall develop and carry out policies to promote infill

6-17 development in smart growth zones designated pursuant to section 5 of

6-18 this act.

6-19 Sec. 12. On or before January 1, 2001:

6-20 1. The governing body of a county whose population is 100,000 or

6-21 more shall designate initial smart growth zones as required pursuant to

6-22 subsection 1 of section 5 of this act.

6-23 2. The commission on economic development shall amend the state

6-24 plan for industrial development and diversification to include a provision

6-25 that promotes infill development in smart growth zones as required

6-26 pursuant to NRS 231.067, as amended by section 10 of this act.

6-27 3. The housing division of the department of business and industry

6-28 shall develop the policies to promote infill development in smart growth

6-29 zones as required pursuant to subsection 2 of NRS 319.160, as amended by

6-30 section 11 of this act.

6-31 Sec. 13. This act becomes effective upon passage and approval for the

6-32 purposes of preparations relating to the designation of smart growth zones

6-33 pursuant to subsection 1 of section 5 of this act, the amendment of the state

6-34 plan for industrial development and diversification pursuant to section 10

6-35 of this act and the development of policies to promote infill development

6-36 pursuant to section 11 of this act and on January 1, 2001, for all other

6-37 purposes.

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