Senate Bill No. 391–Senators Porter and James

March 12, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Establishes provisions to preserve rural character and density of certain annexed territories in certain counties. (BDR 22-1197)

FISCAL NOTE: Effect on Local Government: Yes.

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 to preserve the rural character and density of certain annexed territories 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. NRS 278.160 is hereby amended to read as follows:

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

1-3 diagrams, schedules and reports, may include such of the following subject

1-4 matter or portions thereof as are appropriate to the city, county or region,

1-5 and as may be made the basis for the physical development thereof:

1-6 (a) Community design. Standards and principles governing the

1-7 subdivision of land and suggestive patterns for community design and

1-8 development.

1-9 (b) Conservation plan. For the conservation, development and utilization

1-10 of natural resources, including water and its hydraulic force, underground

1-11 water, water supply, forests, soils, rivers and other waters, harbors,

1-12 fisheries, wildlife, minerals and other natural resources. The plan must also

1-13 cover the reclamation of land and waters, flood control, prevention and

1-14 control of the pollution of streams and other waters, regulation of the use of

1-15 land in stream channels and other areas required for the accomplishment of

1-16 the conservation plan, prevention, control and correction of the erosion of

1-17 soils through proper clearing, grading and landscaping, beaches and shores,

2-1 and protection of watersheds. The plan must also indicate the maximum

2-2 tolerable level of air pollution.

2-3 (c) Economic plan. Showing recommended schedules for the allocation

2-4 and expenditure of public money in order to provide for the economical

2-5 and timely execution of the various components of the plan.

2-6 (d) Historical properties preservation plan. An inventory of significant

2-7 historical, archaeological and architectural properties as defined by a city,

2-8 county or region, and a statement of methods to encourage the preservation

2-9 of those properties.

2-10 (e) Housing plan. The housing plan must include, but is not limited to:

2-11 (1) An inventory of housing conditions, needs and plans and

2-12 procedures for improving housing standards and for providing adequate

2-13 housing.

2-14 (2) An inventory of affordable housing in the community.

2-15 (3) An analysis of the demographic characteristics of the community.

2-16 (4) A determination of the present and prospective need for

2-17 affordable housing in the community.

2-18 (5) An analysis of any impediments to the development of affordable

2-19 housing and the development of policies to mitigate those impediments.

2-20 (6) An analysis of the characteristics of the land that is the most

2-21 appropriate for the construction of affordable housing.

2-22 (7) An analysis of the needs and appropriate methods for the

2-23 construction of affordable housing or the conversion or rehabilitation of

2-24 existing housing to affordable housing.

2-25 (8) A plan for maintaining and developing affordable housing to meet

2-26 the housing needs of the community.

2-27 (f) Land use plan. An inventory and classification of types of natural

2-28 land and of existing land cover and uses, and comprehensive plans for the

2-29 most desirable utilization of land. The land use plan may include a

2-30 provision concerning the acquisition and use of land that is under federal

2-31 management within the city, county or region, including, without limitation,

2-32 a plan or statement of policy prepared pursuant to NRS 321.7355.

2-33 (g) Population plan. An estimate of the total population which the

2-34 natural resources of the city, county or region will support on a continuing

2-35 basis without unreasonable impairment.

2-36 (h) Public buildings. Showing locations and arrangement of civic centers

2-37 and all other public buildings, including the architecture thereof and the

2-38 landscape treatment of the grounds thereof.

2-39 (i) Public services and facilities. Showing general plans for sewage,

2-40 drainage and utilities, and rights of way, easements and facilities therefor,

2-41 including any utility projects required to be reported pursuant to NRS

2-42 278.145.

3-1 (j) Recreation plan. Showing a comprehensive system of recreation

3-2 areas, including natural reservations, parks, parkways, reserved riverbank

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

3-4 practicable, the locations and proposed development thereof.

3-5 (k) Rural neighborhoods preservation plan. In any county whose

3-6 population is 400,000 or more, showing general plans to preserve the

3-7 character and density of rural neighborhoods.

3-8 (l) Safety plan. In any county whose population is 400,000 or more,

3-9 identifying potential types of natural and man-made hazards, including

3-10 hazards from floods, landslides or fires, or resulting from the manufacture,

3-11 storage, transfer or use of bulk quantities of hazardous materials. The plan

3-12 may set forth policies for avoiding or minimizing the risks from those

3-13 hazards.

3-14 [(l)] (m) Seismic safety plan. Consisting of an identification and

3-15 appraisal of seismic hazards such as susceptibility to surface ruptures from

3-16 faulting, to ground shaking or to ground failures.

3-17 [(m)] (n) Solid waste disposal plan. Showing general plans for the

3-18 disposal of solid waste.

3-19 [(n)] (o) Streets and highways plan. Showing the general locations and

3-20 widths of a comprehensive system of major traffic thoroughfares and other

3-21 traffic ways and of streets and the recommended treatment thereof, building

3-22 line setbacks, and a system of naming or numbering streets and numbering

3-23 houses, with recommendations concerning proposed changes.

3-24 [(o)] (p) Transit plan. Showing a proposed system of transit lines,

3-25 including rapid transit, streetcar, motorcoach and trolley coach lines and

3-26 related facilities.

3-27 [(p)] (q) Transportation plan. Showing a comprehensive transportation

3-28 system, including locations of rights of way, terminals, viaducts and grade

3-29 separations. The plan may also include port, harbor, aviation and related

3-30 facilities.

3-31 2. The commission may prepare and adopt, as part of the master plan,

3-32 other and additional plans and reports dealing with such other subjects as

3-33 may in its judgment relate to the physical development of the city, county

3-34 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

3-35 prohibits the preparation and adoption of any such subject as a part of the

3-36 master plan.

3-37 Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a

3-38 new section to read as follows:

3-39 1. If the governing body of a city annexes territory pursuant to the

3-40 provisions of NRS 268.570 to 268.608, inclusive, and the average

3-41 residential density within such territory at the time of annexation is two

3-42 residential dwelling units per acre or less, the governing body shall,

4-1 insofar as practicable, adopt such zoning regulations and restrictions as

4-2 are necessary to:

4-3 (a) Maintain the rural character of the annexed territory; and

4-4 (b) Ensure that the average residential density of the annexed territory

4-5 does not exceed two and one-half residential dwelling units per acre after

4-6 the annexation.

4-7 2. As used in this section:

4-8 (a) "Average residential density" means the number of residential

4-9 dwelling units within the boundaries of the annexed territory, divided by

4-10 the total number of acres within the boundaries of that territory.

4-11 (b) "Residential dwelling unit" has the meaning ascribed to it in NRS

4-12 278.4977.

4-13 Sec. 3. NRS 268.570 is hereby amended to read as follows:

4-14 268.570 The provisions of NRS 268.570 to 268.608, inclusive, and

4-15 section 2 of this act apply only to cities located in a county whose

4-16 population is 400,000 or more.

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