AB566

Assembly Bill No. 566–Assemblymen Thomas, Giunchigliani, Evans, de Braga, Buckley, Chowning, Mortenson, Goldwater, Claborn, Anderson, Collins, Manendo, Ohrenschall, Price, Leslie, Carpenter and Parnell

March 15, 1999

____________

Referred to Committee on Government Affairs

SUMMARY—Establishes provisions regarding traditional neighborhood developments. (BDR 22-1336)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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 regarding traditional neighborhood developments; establishing incentives for the construction of traditional neighborhood developments; 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 "Traditional neighborhood development" means a type of development

1-4 in which a neighborhood is designed to include residential and

1-5 commercial uses, schools, open space and places for the public to gather,

1-6 all within an area that is designed to encourage pedestrian traffic and

1-7 reduce vehicular traffic. The term includes, without limitation:

1-8 1. Residential dwellings that are required to be constructed with:

1-9 (a) A garage or carport at the rear of the unit; and

1-10 (b) A front porch of such size and design as to be usable for the

1-11 gathering or interaction of persons;

1-12 2. Sidewalks and streets that are designed to be conducive to

1-13 pedestrian traffic; and

1-14 3. Streets that are narrow or otherwise designed to discourage heavy

1-15 and rapid vehicular traffic.

2-1 Sec. 2. NRS 278.010 is hereby amended to read as follows:

2-2 278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1

2-3 of this act, unless the context otherwise requires, the words and terms

2-4 defined in NRS 278.0105 to 278.0195, inclusive, and section 1 of this act

2-5 have the meanings ascribed to them in those sections.

2-6 Sec. 3. NRS 278.160 is hereby amended to read as follows:

2-7 278.160 1. The master plan, with the accompanying charts,

2-8 drawings, diagrams, schedules and reports, may include such of the

2-9 following subject matter or portions thereof as are appropriate to the city,

2-10 county or region, and as may be made the basis for the physical

2-11 development thereof:

2-12 (a) Community design. Standards and principles governing the

2-13 subdivision of land and suggestive patterns for community design and

2-14 development.

2-15 (b) Conservation plan. For the conservation, development and

2-16 utilization of natural resources, including water and its hydraulic force,

2-17 underground water, water supply, forests, soils, rivers and other waters,

2-18 harbors, fisheries, wildlife, minerals and other natural resources. The plan

2-19 must also cover the reclamation of land and waters, flood control,

2-20 prevention and control of the pollution of streams and other waters,

2-21 regulation of the use of land in stream channels and other areas required

2-22 for the accomplishment of the conservation plan, prevention, control and

2-23 correction of the erosion of soils through proper clearing, grading and

2-24 landscaping, beaches and shores, and protection of watersheds. The plan

2-25 must also indicate the maximum tolerable level of air pollution.

2-26 (c) Economic plan. Showing recommended schedules for the allocation

2-27 and expenditure of public money in order to provide for the economical

2-28 and timely execution of the various components of the plan.

2-29 (d) Historical properties preservation plan. An inventory of significant

2-30 historical, archaeological and architectural properties as defined by a city,

2-31 county or region, and a statement of methods to encourage the preservation

2-32 of those properties.

2-33 (e) Housing plan. The housing plan must include, but is not limited to:

2-34 (1) An inventory of housing conditions, needs and plans and

2-35 procedures for improving housing standards and for providing adequate

2-36 housing.

2-37 (2) An inventory of affordable housing in the community.

2-38 (3) An analysis of the demographic characteristics of the community.

2-39 (4) A determination of the present and prospective need for

2-40 affordable housing in the community.

2-41 (5) An analysis of any impediments to the development of affordable

2-42 housing and the development of policies to mitigate those impediments.

3-1 (6) An analysis of the characteristics of the land that is the most

3-2 appropriate for the construction of affordable housing.

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

3-4 construction of affordable housing or the conversion or rehabilitation of

3-5 existing housing to affordable housing.

3-6 (8) A plan for maintaining and developing affordable housing to

3-7 meet the housing needs of the community.

3-8 (f) Land use plan. An inventory and classification of types of natural

3-9 land and of existing land cover and uses, and comprehensive plans for the

3-10 most desirable utilization of land. The land use plan may include a

3-11 provision concerning the acquisition and use of land that is under federal

3-12 management within the city, county or region, including, without

3-13 limitation, a plan or statement of policy prepared pursuant to NRS

3-14 321.7355.

3-15 (g) Population plan. An estimate of the total population which the

3-16 natural resources of the city, county or region will support on a continuing

3-17 basis without unreasonable impairment.

3-18 (h) Public buildings. Showing locations and arrangement of civic

3-19 centers and all other public buildings, including the architecture thereof

3-20 and the landscape treatment of the grounds thereof.

3-21 (i) Public services and facilities. Showing general plans for sewage,

3-22 drainage and utilities, and rights of way, easements and facilities therefor,

3-23 including any utility projects required to be reported pursuant to NRS

3-24 278.145.

3-25 (j) Recreation plan. Showing a comprehensive system of recreation

3-26 areas, including natural reservations, parks, parkways, reserved riverbank

3-27 strips, beaches, playgrounds and other recreation areas, including, when

3-28 practicable, the locations and proposed development thereof.

3-29 (k) Safety plan. In any county whose population is 400,000 or more,

3-30 identifying potential types of natural and man-made hazards, including

3-31 hazards from floods, landslides or fires, or resulting from the manufacture,

3-32 storage, transfer or use of bulk quantities of hazardous materials. The plan

3-33 may set forth policies for avoiding or minimizing the risks from those

3-34 hazards.

3-35 (l) Seismic safety plan. Consisting of an identification and appraisal of

3-36 seismic hazards such as susceptibility to surface ruptures from faulting, to

3-37 ground shaking or to ground failures.

3-38 (m) Solid waste disposal plan. Showing general plans for the disposal of

3-39 solid waste.

3-40 (n) Streets and highways plan. Showing the general locations and

3-41 widths of a comprehensive system of major traffic thoroughfares and other

3-42 traffic ways and of streets and the recommended treatment thereof,

4-1 building line setbacks, and a system of naming or numbering streets and

4-2 numbering houses, with recommendations concerning proposed changes.

4-3 (o) Traditional neighborhood developments plan. Showing general

4-4 plans for the construction of traditional neighborhood developments

4-5 within the community.

4-6 (p) Transit plan. Showing a proposed system of transit lines, including

4-7 rapid transit, streetcar, motorcoach and trolley coach lines and related

4-8 facilities.

4-9 [~~(p)]~~ (q) Transportation plan. Showing a comprehensive transportation

4-10 system, including locations of rights of way, terminals, viaducts and grade

4-11 separations. The plan may also include port, harbor, aviation and related

4-12 facilities.

4-13 2. The commission may prepare and adopt, as part of the master plan,

4-14 other and additional plans and reports dealing with such other subjects as

4-15 may in its judgment relate to the physical development of the city, county

4-16 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

4-17 prohibits the preparation and adoption of any such subject as a part of the

4-18 master plan.

4-19 Sec. 4. NRS 278.250 is hereby amended to read as follows:

4-20 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

4-21 the governing body may divide the city, county or region into zoning

4-22 districts of such number, shape and area as are best suited to carry out the

4-23 purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district

4-24 it may regulate and restrict the erection, construction, reconstruction,

4-25 alteration, repair or use of buildings, structures or land.

4-26 2. The zoning regulations must be adopted in accordance with the

4-27 master plan for land use and be designed:

4-28 (a) To preserve the quality of air and water resources.

4-29 (b) To promote the conservation of open space and the protection of

4-30 other natural and scenic resources from unreasonable impairment.

4-31 (c) To provide for recreational needs.

4-32 (d) To protect life and property in areas subject to floods, landslides and

4-33 other natural disasters.

4-34 (e) To conform to the adopted population plan, if required by NRS

4-35 278.170.

4-36 (f) To develop a timely, orderly and efficient arrangement of

4-37 transportation and public facilities and services, including facilities and

4-38 services for bicycles.

4-39 (g) To ensure that the development on land is commensurate with the

4-40 character and the physical limitations of the land.

4-41 (h) To take into account the immediate and long-range financial impact

4-42 of the application of particular land to particular kinds of development, and

4-43 the relative suitability of the land for development.

5-1 (i) To promote health and the general welfare.

5-2 (j) To ensure the development of an adequate supply of housing for the

5-3 community, including the development of affordable housing.

5-4 (k) To promote the construction of traditional neighborhood

5-5 developments.

5-6 3. The zoning regulations must be adopted with reasonable

5-7 consideration, among other things, to the character of the area and its

5-8 peculiar suitability for particular uses, and with a view to conserving the

5-9 value of buildings and encouraging the most appropriate use of land

5-10 throughout the city, county or region.

5-11 Sec. 5. Chapter 278B of NRS is hereby amended by adding thereto a

5-12 new section to read as follows:

5-13 1. If a local government intends to impose an impact fee pursuant to

5-14 NRS 278B.160 for new development that consists of a traditional

5-15 neighborhood development of at least 40 acres in size, the local

5-16 government shall:

5-17 (a) Create a separate service area for the traditional neighborhood

5-18 development to ensure that the owner of the traditional neighborhood

5-19 development is not required to pay the cost of impacts properly

5-20 attributable to other new development; or

5-21 (b) If the local government does not create a separate service area for

5-22 the traditional neighborhood development, impose an impact fee that

5-23 does not exceed 90 percent of the cost of constructing a capital

5-24 improvement or facility expansion necessitated by and attributable to the

5-25 traditional neighborhood development.

5-26 2. As used in this section, "traditional neighborhood development"

5-27 has the meaning ascribed to it in section 1 of this act.

5-28 Sec. 6. NRS 278B.160 is hereby amended to read as follows:

5-29 278B.160 1. [A] Except as otherwise provided in section 5 of this

5-30 act, a local government may by ordinance impose an impact fee in a

5-31 service area to pay the cost of constructing a capital improvement or

5-32 facility expansion necessitated by and attributable to new development.

5-33 Except as otherwise provided in NRS 278B.220, the cost may include

5-34 only:

5-35 (a) The estimated cost of actual construction;

5-36 (b) Estimated fees for professional services;

5-37 (c) The estimated cost to acquire the land; and

5-38 (d) The fees paid for professional services required for the preparation

5-39 or revision of a capital improvements plan in anticipation of the imposition

5-40 of an impact fee.

5-41 2. All property owned by a school district is exempt from the

5-42 requirement of paying impact fees imposed pursuant to this chapter.