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
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: 278.160 1. The master plan, with the accompanying charts, drawings,1-3
diagrams, schedules and reports, may include such of the following subject1-4
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 the1-7
subdivision of land and suggestive patterns for community design and1-8
development.1-9
(b) Conservation plan. For the conservation, development and utilization1-10
of natural resources, including water and its hydraulic force, underground1-11
water, water supply, forests, soils, rivers and other waters, harbors,1-12
fisheries, wildlife, minerals and other natural resources. The plan must also1-13
cover the reclamation of land and waters, flood control, prevention and1-14
control of the pollution of streams and other waters, regulation of the use of1-15
land in stream channels and other areas required for the accomplishment of1-16
the conservation plan, prevention, control and correction of the erosion of1-17
soils through proper clearing, grading and landscaping, beaches and shores,2-1
and protection of watersheds. The plan must also indicate the maximum2-2
tolerable level of air pollution.2-3
(c) Economic plan. Showing recommended schedules for the allocation2-4
and expenditure of public money in order to provide for the economical2-5
and timely execution of the various components of the plan.2-6
(d) Historical properties preservation plan. An inventory of significant2-7
historical, archaeological and architectural properties as defined by a city,2-8
county or region, and a statement of methods to encourage the preservation2-9
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 and2-12
procedures for improving housing standards and for providing adequate2-13
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 for2-17
affordable housing in the community.2-18
(5) An analysis of any impediments to the development of affordable2-19
housing and the development of policies to mitigate those impediments.2-20
(6) An analysis of the characteristics of the land that is the most2-21
appropriate for the construction of affordable housing.2-22
(7) An analysis of the needs and appropriate methods for the2-23
construction of affordable housing or the conversion or rehabilitation of2-24
existing housing to affordable housing.2-25
(8) A plan for maintaining and developing affordable housing to meet2-26
the housing needs of the community.2-27
(f) Land use plan. An inventory and classification of types of natural2-28
land and of existing land cover and uses, and comprehensive plans for the2-29
most desirable utilization of land. The land use plan may include a2-30
provision concerning the acquisition and use of land that is under federal2-31
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 the2-34
natural resources of the city, county or region will support on a continuing2-35
basis without unreasonable impairment.2-36
(h) Public buildings. Showing locations and arrangement of civic centers2-37
and all other public buildings, including the architecture thereof and the2-38
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 NRS2-42
278.145.3-1
(j) Recreation plan. Showing a comprehensive system of recreation3-2
areas, including natural reservations, parks, parkways, reserved riverbank3-3
strips, beaches, playgrounds and other recreation areas, including, when3-4
practicable, the locations and proposed development thereof.3-5
(k) Rural neighborhoods preservation plan. In any county whose3-6
population is 400,000 or more, showing general plans to preserve the3-7
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, including3-10
hazards from floods, landslides or fires, or resulting from the manufacture,3-11
storage, transfer or use of bulk quantities of hazardous materials. The plan3-12
may set forth policies for avoiding or minimizing the risks from those3-13
hazards.3-14
3-15
appraisal of seismic hazards such as susceptibility to surface ruptures from3-16
faulting, to ground shaking or to ground failures.3-17
3-18
disposal of solid waste.3-19
3-20
widths of a comprehensive system of major traffic thoroughfares and other3-21
traffic ways and of streets and the recommended treatment thereof, building3-22
line setbacks, and a system of naming or numbering streets and numbering3-23
houses, with recommendations concerning proposed changes.3-24
3-25
including rapid transit, streetcar, motorcoach and trolley coach lines and3-26
related facilities.3-27
3-28
system, including locations of rights of way, terminals, viaducts and grade3-29
separations. The plan may also include port, harbor, aviation and related3-30
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 as3-33
may in its judgment relate to the physical development of the city, county3-34
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 the3-36
master plan.3-37
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a3-38
new section to read as follows:3-39
1. If the governing body of a city annexes territory pursuant to the3-40
provisions of NRS 268.570 to 268.608, inclusive, and the average3-41
residential density within such territory at the time of annexation is two3-42
residential dwelling units per acre or less, the governing body shall,4-1
insofar as practicable, adopt such zoning regulations and restrictions as4-2
are necessary to:4-3
(a) Maintain the rural character of the annexed territory; and4-4
(b) Ensure that the average residential density of the annexed territory4-5
does not exceed two and one-half residential dwelling units per acre after4-6
the annexation.4-7
2. As used in this section:4-8
(a) "Average residential density" means the number of residential4-9
dwelling units within the boundaries of the annexed territory, divided by4-10
the total number of acres within the boundaries of that territory.4-11
(b) "Residential dwelling unit" has the meaning ascribed to it in NRS4-12
278.4977.4-13
Sec. 3. NRS 268.570 is hereby amended to read as follows: 268.570 The provisions of NRS 268.570 to 268.608, inclusive, and4-15
section 2 of this act apply only to cities located in a county whose4-16
population is 400,000 or more.~