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
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
a new section to read as follows:1-3
1. In a county whose population is 100,000 or more, the governing1-4
body of the county and each city in the county shall, by ordinance,1-5
require a developer of land who develops a residential subdivision1-6
consisting of 25 or more lots to dedicate common open space or common1-7
recreational space, or any combination thereof, in accordance with the1-8
formula set forth in subsection 2.1-9
2. The ordinance adopted pursuant to subsection 1 must require a1-10
developer of land who develops a residential subdivision consisting of 252-1
or more lots to dedicate within the subdivision a percentage of common2-2
open space or common recreational space that is equal to the residential2-3
density of the subdivision multiplied by 1.65.2-4
3. If a developer of land is required to dedicate common open space2-5
or common recreational space pursuant to an ordinance required by this2-6
section, the developer shall ensure, insofar as practicable, that the2-7
common open space or common recreational space is:2-8
(a) Configured in such a manner that as much of the space as2-9
possible is usable by the residents of the subdivision;2-10
(b) Located centrally within the subdivision so that it is easily2-11
accessible from any part of the subdivision; and2-12
(c) Connected to a public trail, park or facility for recreation that is2-13
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 an2-16
area of water or a combination of land and water or easements, licenses2-17
or equitable servitudes within the site designated for a residential2-18
subdivision which is designed and intended for the use or enjoyment of2-19
the residents of the subdivision.2-20
(b) "Common recreational space" means a parcel or parcels of land2-21
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 residential2-23
subdivision which is designed and intended for the recreational use or2-24
enjoyment of the residents of the subdivision.2-25
(c) "Residential density" means the average number of residential2-26
dwelling units per acre of land within a residential subdivision.2-27
(d) "Residential dwelling unit" has the meaning ascribed to it in NRS2-28
278.4977.2-29
Sec. 2. NRS 278.150 is hereby amended to read as follows: 278.150 1. The planning commission shall prepare and adopt a2-31
comprehensive, long-term general plan for the physical development of the2-32
city, county or region which in the commission’s judgment bears relation2-33
to the planning thereof.2-34
2. The plan must be known as the master plan, and must be so2-35
prepared that all or portions thereof, except as otherwise provided in2-36
subsection 3, may be adopted by the governing body, as provided in NRS2-37
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 the2-39
adoption thereof as may practically be covered thereby.2-40
3. In counties whose population is 100,000 or more, if the governing2-41
body of the city or county adopts only a portion of the master plan, it shall2-42
include in that portion a conservation plan, a housing plan ,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: 278.170 1. The commission may prepare and adopt all or any part of3-3
the master plan or any subject thereof, except as otherwise provided in3-4
subsection 2, for all or any part of the city, county or region. Master3-5
regional plans must be coordinated with similar plans of adjoining regions,3-6
and master county and city plans within each region must be coordinated3-7
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 commission3-9
prepares and adopts less than all subjects of the master plan, as outlined in3-10
NRS 278.160, it shall include, in its preparation and adoption, the3-11
conservation, housing ,3-12
that section.3-13
Sec. 4. Chapter 278A of NRS is hereby amended by adding thereto a3-14
new section to read as follows:3-15
"Common recreational space" means a parcel or parcels of land or an3-16
area of water or a combination of land and water or easements, licenses3-17
or equitable servitudes within the site designated for a planned unit3-18
development which is designed and intended for the recreational use or3-19
enjoyment of the residents or owners of the development. The term3-20
includes, without limitation, such complementary structures and3-21
improvements as are necessary and appropriate for the benefit and3-22
enjoyment of the residents or owners of the development.3-23
Sec. 5. NRS 278A.030 is hereby amended to read as follows: 278A.030 As used in this chapter, unless the context otherwise3-25
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 in3-27
such sections.3-28
Sec. 6. NRS 278A.120 is hereby amended to read as follows: 278A.120 The standards for a planned unit development established3-30
by an ordinance enacted pursuant to the provisions of this chapter must3-31
require that any common open space or common recreational space3-32
resulting from the application of standards for density or intensity of land3-33
use be set aside for the use and benefit of the residents or owners of the3-34
development and must include provisions by which the amount and3-35
location of any common open space or common recreational space is3-36
determined and its improvement and maintenance secured. Such3-37
provisions must conform to the requirements set forth in section 1 of this3-38
act.~