Assembly Bill No. 565–Assemblymen Thomas, Goldwater, Carpenter, Segerblom, Berman, Lee, Buckley, Perkins, Chowning, de Braga, Mortenson, Koivisto, Bache, Anderson, Beers, Giunchigliani, Evans, Claborn, Freeman, Collins, Manendo, Ohrenschall, Price, Nolan, Leslie, Neighbors and Parnell

March 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Establishes provisions requiring dedication of certain proportion of common open space and common recreational space in certain residential subdivisions in certain counties. (BDR 22-1335)

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; providing in skeleton form for the establishment of provisions requiring the dedication of a certain proportion of common open space and common recreational space in certain residential subdivisions in certain counties; 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 a new section to read as follows:

1-3 1. In a county whose population is 100,000 or more, the governing

1-4 body of the county and each city in the county shall, by ordinance,

1-5 require a developer of land who develops a residential subdivision

1-6 consisting of 25 or more lots to dedicate common open space or common

1-7 recreational space, or any combination thereof, in accordance with the

1-8 formula set forth in subsection 2.

1-9 2. The ordinance adopted pursuant to subsection 1 must require a

1-10 developer of land who develops a residential subdivision consisting of 25

2-1 or more lots to dedicate within the subdivision a percentage of common

2-2 open space or common recreational space that is equal to the residential

2-3 density of the subdivision multiplied by 1.65.

2-4 3. If a developer of land is required to dedicate common open space

2-5 or common recreational space pursuant to an ordinance required by this

2-6 section, the developer shall ensure, insofar as practicable, that the

2-7 common open space or common recreational space is:

2-8 (a) Configured in such a manner that as much of the space as

2-9 possible is usable by the residents of the subdivision;

2-10 (b) Located centrally within the subdivision so that it is easily

2-11 accessible from any part of the subdivision; and

2-12 (c) Connected to a public trail, park or facility for recreation that is

2-13 adjacent to the subdivision.

2-14 4. As used in this section:

2-15 (a) "Common open space" means a parcel or parcels of land or an

2-16 area of water or a combination of land and water or easements, licenses

2-17 or equitable servitudes within the site designated for a residential

2-18 subdivision which is designed and intended for the use or enjoyment of

2-19 the residents of the subdivision.

2-20 (b) "Common recreational space" means a parcel or parcels of land

2-21 or an area of water or a combination of land and water or easements,

2-22 licenses or equitable servitudes within the site designated for a residential

2-23 subdivision which is designed and intended for the recreational use or

2-24 enjoyment of the residents of the subdivision.

2-25 (c) "Residential density" means the average number of residential

2-26 dwelling units per acre of land within a residential subdivision.

2-27 (d) "Residential dwelling unit" has the meaning ascribed to it in NRS

2-28 278.4977.

2-29 Sec. 2. NRS 278.150 is hereby amended to read as follows:

2-30 278.150 1. The planning commission shall prepare and adopt a

2-31 comprehensive, long-term general plan for the physical development of the

2-32 city, county or region which in the commission’s judgment bears relation

2-33 to the planning thereof.

2-34 2. The plan must be known as the master plan, and must be so

2-35 prepared that all or portions thereof, except as otherwise provided in

2-36 subsection 3, may be adopted by the governing body, as provided in NRS

2-37 278.010 to 278.630, inclusive, as a basis for the development of the city,

2-38 county or region for such reasonable period of time next ensuing after the

2-39 adoption thereof as may practically be covered thereby.

2-40 3. In counties whose population is 100,000 or more, if the governing

2-41 body of the city or county adopts only a portion of the master plan, it shall

2-42 include in that portion a conservation plan, a housing plan , [and] a

2-43 population plan and a recreation plan as provided in NRS 278.160.

3-1 Sec. 3. NRS 278.170 is hereby amended to read as follows:

3-2 278.170 1. The commission may prepare and adopt all or any part of

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

3-4 subsection 2, for all or any part of the city, county or region. Master

3-5 regional plans must be coordinated with similar plans of adjoining regions,

3-6 and master county and city plans within each region must be coordinated

3-7 so as to fit properly into the master plan for the region.

3-8 2. In counties whose population is 100,000 or more, if the commission

3-9 prepares and adopts less than all subjects of the master plan, as outlined in

3-10 NRS 278.160, it shall include, in its preparation and adoption, the

3-11 conservation, housing , [and] population and recreation plans described in

3-12 that section.

3-13 Sec. 4. Chapter 278A of NRS is hereby amended by adding thereto a

3-14 new section to read as follows:

3-15 "Common recreational space" means a parcel or parcels of land or an

3-16 area of water or a combination of land and water or easements, licenses

3-17 or equitable servitudes within the site designated for a planned unit

3-18 development which is designed and intended for the recreational use or

3-19 enjoyment of the residents or owners of the development. The term

3-20 includes, without limitation, such complementary structures and

3-21 improvements as are necessary and appropriate for the benefit and

3-22 enjoyment of the residents or owners of the development.

3-23 Sec. 5. NRS 278A.030 is hereby amended to read as follows:

3-24 278A.030 As used in this chapter, unless the context otherwise

3-25 requires, the words and terms defined in NRS 278A.040 to 278A.070,

3-26 inclusive, and section 4 of this act have the meanings ascribed to them in

3-27 such sections.

3-28 Sec. 6. NRS 278A.120 is hereby amended to read as follows:

3-29 278A.120 The standards for a planned unit development established

3-30 by an ordinance enacted pursuant to the provisions of this chapter must

3-31 require that any common open space or common recreational space

3-32 resulting from the application of standards for density or intensity of land

3-33 use be set aside for the use and benefit of the residents or owners of the

3-34 development and must include provisions by which the amount and

3-35 location of any common open space or common recreational space is

3-36 determined and its improvement and maintenance secured. Such

3-37 provisions must conform to the requirements set forth in section 1 of this

3-38 act.

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