Amendment No. 578

Senate Amendment to Senate Bill No. 391 (BDR  22-1197)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering section 1 as sec. 17 and adding new sections designated sections 1 through 16, following the enacting clause, to read as follows:

"Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

Sec. 2. "Average residential density" means the number of residential dwelling units within the boundaries of a subdivided or developed area, divided by the total number of acres within the boundaries of the subdivision or developed area.

Sec. 3. "Coalition" means the regional planning coalition created pursuant to section 12 of this act.

Sec. 4. "Infrastructure" or "public facilities" means water, sanitary sewer, storm sewer, streets, parks, fire, police and flood protection.

Sec. 5. "Master development agreement" means a written agreement:

1. Between a governing body and a person who has a legal or equitable interest in land that is entered into upon the application of the person who wishes to develop that land;

2. To enable the governing body to distribute equitably the costs to develop infrastructure for an area of land that is largely undeveloped; and

3. That is based on an analysis of the need for infrastructure that is prepared pursuant to section 13 of this act.

Sec. 6. "Residential dwelling unit" has the meaning ascribed to it in NRS 278.4977.

Sec. 7. "Rural preservation neighborhood" means an area:

1. Which consists of 10 or more residential dwelling units;

2. Where the outer boundary of each lot that is used for residential purposes is not more than 330 feet from the outer boundary of any other lot that is used for residential purposes;

3. Which has no more than two residential dwelling units per acre and no less than one residential dwelling unit per 5 acres;

4. Where the average residential density is one residential dwelling unit per 2.5 acres; and

5. Which allows residents to raise animals noncommercially.

Sec. 8. "Used for residential purposes" means a lot or parcel of land that is 5 acres or less in area and contains a residential dwelling unit of a permanent nature.

Sec. 9. 1. In a county with a population of 400,000 or more, the governing body shall take such actions as are necessary and appropriate to ensure that the rural character of each rural preservation neighborhoods is preserved.

2. If a rural preservation neighborhood is located within 330 feet of an existing or proposed street or highway that is more than 99 feet wide, the governing body shall, to the extent practicable, adopt any zoning regulation or restriction that is necessary to:

(a) Maintain the rural character of the area developed as a low density residential development;

(b) Except as otherwise provided in subsection 4, maintain an undeveloped buffer zone of at least 330 feet around each rural preservation neighborhood or group of such neighborhoods, if they are immediately adjacent; and

(c) Ensure that the average residential density of the area developed as a rural preservation neighborhood does not exceed two and one-half residential dwelling units per acre.

3. The governing body may modify the standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood.

4. The governing body may, for good cause shown, allow development less than 330 feet from a rural preservation neighborhood.

Sec. 10. To protect a rural preservation neighborhood, the governing body shall, when considering a request to amend the boundary of a zoning district that is located within 330 feet of a rural preservation neighborhood:

1. Provide adequate buffer areas, adequate screening and an orderly and efficient transition of land uses, excluding raising animals commercially or noncommercially; and

2. Ensure that the average residential density for that portion of the zoning request that is located within 330 of from a rural preservation neighborhood does not exceed two and one-half residential dwelling units per acre.

The governing body may modify the standards for the development of infrastructure to maintain the rural character of the rural preservation neighborhood.

Sec. 11. The provisions of sections 12 to 15, inclusive, of this act apply only to those cities located in a county whose population is 400,000 or more.

Sec. 12. The board of county commissioners and the city council of each of the four largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS. The regional planning coalition may:

1. Develop policies for the region, including, without limitation, the promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks;

2. Coordinate sources of information;

3. Establish standardized projections for population;

4. Recommend measures to increase the efficiency of governmental entities and services;

5. Make recommendations regarding the disposal of federal land;

6. Establish methods for resolving disputes regarding annexation and other matters that arise between jurisdictions; and

7. Not more than once every 2 years, review:

(a) Master plans adopted by the governing body of the county and each city; and

(b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226.

Sec. 13. 1. A governing body may establish, independently or in conjunction with another governing body, an analysis of the cost to construct infrastructure in an area which is relatively undeveloped and which is likely to become developed.

2. The analysis of the cost to construct infrastructure in an area that is relatively undeveloped must include, without limitation:

(a) A precise description of the area, either in the form of a legal description or by reference to roadways, lakes and waterways, railroads or similar landmarks, and township, county or city boundaries;

(b) An estimate of the expected total population of the area when the land becomes fully developed;

(c) An assessment of the infrastructure that will be necessary to support the area when it becomes fully developed according to the master plan adopted by the governing body pursuant to NRS 278.220; and

(d) A plan for the development of the infrastructure which includes, without limitation:

(1) The minimum requirements for the development of infrastructure as determined by the coalition;

(2) A plan to meet the anticipated needs of the area for police and fire protection, parks, roads, regional transportation and flood control facilities when the land becomes fully developed;

(3) An estimate of the date on which each phase of the development will occur;

(4) The manner in which the plan for the development of the infrastructure will be implemented; and

(5) An economic analysis of the cost to plan and develop fully the infrastructure for the area.

3. The governing body may, if it finds that the analysis of the projected need for infrastructure is consistent with the master plan, approve the analysis by ordinance.

4. The governing body may establish, independently or in conjunction with another governing body, a fee that would enable the governing body to distribute equitably the cost for the development of infrastructure in the area. If such a fee is established, each person who has an equitable or legal interest in the land must pay the fee before he may develop land within the area.

5. The governing body shall provide the necessary copies of the analysis to the coalition for review and information.

Sec. 14. A governing body may carry out the plan for infrastructure by negotiating master development agreements, independently or in conjunction with an interlocal agreement for the area.

Sec. 15. A master development agreement may include provisions to require the governing body to provide sources of revenue to pay a portion of the costs to develop the infrastructure, including, without limitation:

1. Fees collected by a governing body, including, without limitation, a residential construction tax for neighborhood parks; and

2. An improvement district for water, sewer, streets, parks or fire, police or flood protection.

Sec. 16. NRS 278.010 is hereby amended to read as follows:

278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in those sections.".

Amend the bill as a whole by deleting sections 2 and 3 and adding new sections designated sections 18 and 19, following section 1, to read as follows:

"Sec. 18. NRS 278.250 is hereby amended to read as follows:

278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

2. The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

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

(b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

(c) To provide for recreational needs.

(d) To protect life and property in areas subject to floods, landslides and other natural disasters.

(e) To conform to the adopted population plan, if required by NRS 278.170.

(f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including facilities and services for bicycles.

(g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

(h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

(i) To promote health and the general welfare.

(j) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

(k) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods.

3. The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

Sec. 19. The provisions of sections 9 and 10 of this act expire on June 1, 2004.".

Amend the title of the bill to read as follows:

"AN ACT relating to land use planning; providing for the establishment of provisions to preserve the rural character and density of certain areas in larger counties; providing for a governing body to establish an analysis of the cost to construct infrastructure in certain areas; authorizing the governing body to assess a fee equitably among certain properties to develop the necessary infrastructure; authorizing the governing body to enter into agreements to carry out the plan for the development of infrastructure in certain areas; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Establishes provisions to preserve the rural character of certain areas and to distribute equitably the costs of developing infrastructure in certain areas. (BDR 22-1197)".