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
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 thereto1-2
the provisions set forth as sections 2 to 5, inclusive, of this act.1-3
Sec. 2. "Infill development" means development that fills in an1-4
existing pattern of development on land that is:1-5
1. Improved or unimproved; and1-6
2. Surrounded completely by infrastructure and other development.1-7
Sec. 3. "Infrastructure" means publicly owned or publicly supported1-8
facilities that are necessary or desirable to support intense habitation1-9
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 to1-14
section 5 of this act.2-1
Sec. 5. 1. In a county whose population is 100,000 or more, the2-2
governing body of the county and each city in the county shall designate2-3
as a smart growth zone each area within its jurisdiction that is likely to2-4
benefit from infill development. The governing body shall review such2-5
zones periodically and adjust the zones as it deems necessary.2-6
2. In a county whose population is less than 100,000, the governing2-7
body of the county and each city in the county may designate as a smart2-8
growth zone each area within its jurisdiction that is likely to benefit from2-9
infill development. The governing body may review and adjust such2-10
zones periodically as it deems necessary.2-11
Sec. 6. NRS 278.010 is hereby amended to read as follows: 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 22-13
to 5, inclusive, of this act, unless the context otherwise requires, the words2-14
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: 278.150 1. The planning commission shall prepare and adopt a2-18
comprehensive, long-term general plan for the physical development of the2-19
city, county or region which in the commission’s judgment bears relation to2-20
the planning thereof.2-21
2. The plan must be known as the master plan, and must be so prepared2-22
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 to2-24
278.630, inclusive, as a basis for the development of the city, county or2-25
region for such reasonable period of time next ensuing after the adoption2-26
thereof as may practically be covered thereby.2-27
3. In counties whose population is 100,000 or more, if the governing2-28
body of the city or county adopts only a portion of the master plan, it shall2-29
include in that portion a conservation plan, a housing plan , a land use plan2-30
and a population plan as provided in NRS 278.160.2-31
Sec. 8. NRS 278.160 is hereby amended to read as follows: 278.160 1. The master plan, with the accompanying charts, drawings,2-33
diagrams, schedules and reports, may include such of the following subject2-34
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 the2-37
subdivision of land and suggestive patterns for community design and2-38
development.2-39
(b) Conservation plan. For the conservation, development and utilization2-40
of natural resources, including water and its hydraulic force, underground2-41
water, water supply, forests, soils, rivers and other waters, harbors,2-42
fisheries, wildlife, minerals and other natural resources. The plan must also2-43
cover the reclamation of land and waters, flood control, prevention and3-1
control of the pollution of streams and other waters, regulation of the use of3-2
land in stream channels and other areas required for the accomplishment of3-3
the conservation plan, prevention, control and correction of the erosion of3-4
soils through proper clearing, grading and landscaping, beaches and shores,3-5
and protection of watersheds. The plan must also indicate the maximum3-6
tolerable level of air pollution.3-7
(c) Economic plan. Showing recommended schedules for the allocation3-8
and expenditure of public money in order to provide for the economical3-9
and timely execution of the various components of the plan.3-10
(d) Historical properties preservation plan. An inventory of significant3-11
historical, archaeological and architectural properties as defined by a city,3-12
county or region, and a statement of methods to encourage the preservation3-13
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 and3-16
procedures for improving housing standards and for providing adequate3-17
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 for3-21
affordable housing in the community.3-22
(5) An analysis of any impediments to the development of affordable3-23
housing and the development of policies to mitigate those impediments.3-24
(6) An analysis of the characteristics of the land that is the most3-25
appropriate for the construction of affordable housing.3-26
(7) An analysis of the needs and appropriate methods for the3-27
construction of affordable housing or the conversion or rehabilitation of3-28
existing housing to affordable housing.3-29
(8) A plan for maintaining and developing affordable housing to meet3-30
the housing needs of the community.3-31
(f) Land use plan. An inventory and classification of types of natural3-32
land and of existing land cover and uses, and comprehensive plans for the3-33
most desirable utilization of land. The land use plan3-34
(1) Must show each smart growth zone that has been designated3-35
pursuant to section 5 of this act;3-36
(2) Must identify policies that would assist in promoting infill3-37
development in such zones; and3-38
(3) May include a provision concerning the acquisition and use of3-39
land that is under federal management within the city, county or region,3-40
including, without limitation, a plan or statement of policy prepared3-41
pursuant to NRS 321.7355.4-1
(g) Population plan. An estimate of the total population which the4-2
natural resources of the city, county or region will support on a continuing4-3
basis without unreasonable impairment.4-4
(h) Public buildings. Showing locations and arrangement of civic centers4-5
and all other public buildings, including the architecture thereof and the4-6
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 NRS4-10
278.145.4-11
(j) Recreation plan. Showing a comprehensive system of recreation4-12
areas, including natural reservations, parks, parkways, reserved riverbank4-13
strips, beaches, playgrounds and other recreation areas, including, when4-14
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, including4-17
hazards from floods, landslides or fires, or resulting from the manufacture,4-18
storage, transfer or use of bulk quantities of hazardous materials. The plan4-19
may set forth policies for avoiding or minimizing the risks from those4-20
hazards.4-21
(l) Seismic safety plan. Consisting of an identification and appraisal of4-22
seismic hazards such as susceptibility to surface ruptures from faulting, to4-23
ground shaking or to ground failures.4-24
(m) Solid waste disposal plan. Showing general plans for the disposal of4-25
solid waste.4-26
(n) Streets and highways plan. Showing the general locations and widths4-27
of a comprehensive system of major traffic thoroughfares and other traffic4-28
ways and of streets and the recommended treatment thereof, building line4-29
setbacks, and a system of naming or numbering streets and numbering4-30
houses, with recommendations concerning proposed changes.4-31
(o) Transit plan. Showing a proposed system of transit lines, including4-32
rapid transit, streetcar, motorcoach and trolley coach lines and related4-33
facilities.4-34
(p) Transportation plan. Showing a comprehensive transportation4-35
system, including locations of rights of way, terminals, viaducts and grade4-36
separations. The plan may also include port, harbor, aviation and related4-37
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 as4-40
may in its judgment relate to the physical development of the city, county4-41
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 the4-43
master plan.5-1
Sec. 9. NRS 278.170 is hereby amended to read as follows: 278.170 1. The commission may prepare and adopt all or any part of5-3
the master plan or any subject thereof, except as otherwise provided in5-4
subsection 2, for all or any part of the city, county or region. Master5-5
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 so5-7
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 commission5-9
prepares and adopts less than all subjects of the master plan, as outlined in5-10
NRS 278.160, it shall include, in its preparation and adoption, the5-11
conservation, housing , land use and population plans described in that5-12
section.5-13
Sec. 10. NRS 231.067 is hereby amended to read as follows: 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 development5-17
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 this5-20
state, except for travel and tourism, except that in a county whose5-21
population is less than 35,000, the county may include community5-22
development and the development of the nongaming recreation and tourism5-23
industry in its economic development efforts.5-24
3. Identify sources of financing and assist businesses and industries5-25
which wish to locate in Nevada in obtaining financing.5-26
4. Provide and administer grants of money to political subdivisions of5-27
the state and to local or regional organizations for economic development5-28
to assist them in promoting the advantages of their communities and in5-29
recruiting businesses to relocate in those communities. Each recipient must5-30
provide an amount of money, at least equal to the grant, for the same5-31
purpose, except, in a county whose population is less than 35,000, the5-32
commission may, if convinced that the recipient is financially unable to do5-33
so, provide such a grant with less than equal matching money provided by5-34
the recipient.5-35
5. Encourage and assist state, county and city agencies in planning and5-36
preparing projects for economic or industrial development and financing5-37
those projects with revenue bonds.5-38
6. Coordinate and assist the activities of counties, cities, local and5-39
regional organizations for economic development and fair and recreation5-40
boards in the state which affect industrial development, except for travel5-41
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 of6-1
the nongaming recreation and tourism industry in its economic6-2
development efforts.6-3
7. Arrange by cooperative agreements with local governments to serve6-4
as the single agency in the state where relocating or expanding businesses6-5
may obtain all required permits.6-6
8. Promote close cooperation between public agencies and private6-7
persons who have an interest in industrial development and diversification6-8
in Nevada.6-9
9. Organize and coordinate the activities of a group of volunteers6-10
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: 319.160 1. The division may provide advice, technical information,6-14
training and educational services, conduct research and promote the6-15
development of housing, building technology and related fields.6-16
2. The division shall develop and carry out policies to promote infill6-17
development in smart growth zones designated pursuant to section 5 of6-18
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 or6-21
more shall designate initial smart growth zones as required pursuant to6-22
subsection 1 of section 5 of this act.6-23
2. The commission on economic development shall amend the state6-24
plan for industrial development and diversification to include a provision6-25
that promotes infill development in smart growth zones as required6-26
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 industry6-28
shall develop the policies to promote infill development in smart growth6-29
zones as required pursuant to subsection 2 of NRS 319.160, as amended by6-30
section 11 of this act.6-31
Sec. 13. This act becomes effective upon passage and approval for the6-32
purposes of preparations relating to the designation of smart growth zones6-33
pursuant to subsection 1 of section 5 of this act, the amendment of the state6-34
plan for industrial development and diversification pursuant to section 106-35
of this act and the development of policies to promote infill development6-36
pursuant to section 11 of this act and on January 1, 2001, for all other6-37
purposes.~