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).

1-1 Section 1. Chapter 278 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 14, inclusive, of this act.

1-3 Sec. 2. "Average residential density" means the number of lots

1-4 intended for residential dwelling units within the boundaries of a

1-5 subdivided or developed area, divided by the total number of acres within

1-6 the boundaries of the subdivision or developed area.

1-7 Sec. 3. "Coalition" means the regional planning coalition created

1-8 pursuant to section 11 of this act.

1-9 Sec. 4. "Infrastructure" or "public facilities" means water, sanitary

1-10 sewer, storm sewer, streets, parks, fire, police and flood protection.

1-11 Sec. 5. "Master development agreement" means a written

1-12 agreement:

2-1 1. Between a governing body and a person who has a legal or

2-2 equitable interest in land that is entered into upon the application of the

2-3 person who wishes to develop that land;

2-4 2. To enable the governing body to distribute equitably the costs to

2-5 develop infrastructure for an area of land that is largely undeveloped;

2-6 and

2-7 3. That is based on an analysis of the need for infrastructure that is

2-8 prepared pursuant to section 12 of this act.

2-9 Sec. 6. "Residential dwelling unit" has the meaning ascribed to it in

2-10 NRS 278.4977.

2-11 Sec. 7. "Rural preservation neighborhood" means a subdivided or

2-12 developed area:

2-13 1. Which consists of 10 or more residential dwelling units;

2-14 2. Where the outer boundary of each lot that is used for residential

2-15 purposes is not more than 330 feet from the outer boundary of any other

2-16 lot that is used for residential purposes;

2-17 3. Which has no more than two residential dwelling units per acre;

2-18 and

2-19 4. Which allows residents to raise animals noncommercially.

2-20 Sec. 8. "Used for residential purposes" means a lot or parcel of land

2-21 that is 5 acres or less in area and contains a residential dwelling unit of a

2-22 permanent nature.

2-23 Sec. 9. 1. In a county with a population of 400,000 or more, the

2-24 governing body shall take such actions as are necessary and appropriate

2-25 to ensure that the rural character of each rural preservation

2-26 neighborhood is preserved.

2-27 2. Unless a rural preservation neighborhood is located within 330

2-28 feet of an existing or proposed street or highway that is more than 99 feet

2-29 wide, the governing body shall, to the extent practicable, adopt any

2-30 zoning regulation or restriction that is necessary to:

2-31 (a) Maintain the rural character of the area developed as a low

2-32 density residential development;

2-33 (b) Except as otherwise provided in subsection 4, ensure that the

2-34 average residential density for that portion of the zoning request that is

2-35 located within 330 feet of a rural preservation neighborhood does not

2-36 exceed two and one-half residential dwelling units per acre; and

2-37 (c) Provide adequate buffer areas, adequate screening and an orderly

2-38 and efficient transition of land uses, excluding raising animals

2-39 commercially or noncommercially.

2-40 3. The governing body may modify the standards for the

2-41 development of infrastructure to maintain the rural character of the

2-42 rural preservation neighborhood.

3-1 4. The governing body may, for good cause shown, allow a greater

3-2 density or intensity of use when that use is less than 330 feet from a rural

3-3 preservation neighborhood.

3-4 Sec. 10. The provisions of sections 11 to 14, inclusive, of this act

3-5 apply only to counties whose population is 400,000 or more and cities

3-6 located within those counties.

3-7 Sec. 11. The board of county commissioners and the city council of

3-8 each of the four largest cities in the county shall establish a regional

3-9 planning coalition by cooperative agreement pursuant to chapter 277 of

3-10 NRS. The regional planning coalition may:

3-11 1. Develop policies for the region, including, without limitation, the

3-12 promotion of orderly development, coordinated land use planning and

3-13 the efficient provision of services to urban areas, including, without

3-14 limitation, roads, water and sewer service, police and fire protection,

3-15 mass transit, libraries and parks;

3-16 2. Coordinate sources of information;

3-17 3. Establish standardized projections for population;

3-18 4. Recommend measures to increase the efficiency of governmental

3-19 entities and services;

3-20 5. Make recommendations regarding the disposal of federal land;

3-21 6. Establish methods for resolving disputes regarding annexation

3-22 and other matters that arise between jurisdictions;

3-23 7. Periodically review the master plans adopted by the governing

3-24 body of the county and each city; and

3-25 8. Periodically review the annual plan for capital improvements

3-26 prepared by the governing body of each local government in the county

3-27 pursuant to NRS 278.0226.

3-28 Sec. 12. 1. A governing body may establish, independently or in

3-29 conjunction with another governing body, an analysis of the cost to

3-30 construct infrastructure in an area which is relatively undeveloped and

3-31 which is likely to become developed.

3-32 2. The analysis of the cost to construct infrastructure in an area that

3-33 is relatively undeveloped must include, without limitation:

3-34 (a) A precise description of the area, either in the form of a legal

3-35 description or by reference to roadways, lakes and waterways, railroads

3-36 or similar landmarks, and township, county or city boundaries;

3-37 (b) An estimate of the expected total population of the area when the

3-38 land becomes fully developed;

3-39 (c) An assessment of the infrastructure that will be necessary to

3-40 support the area when it becomes fully developed according to the master

3-41 plan adopted by the governing body pursuant to NRS 278.220; and

4-1 (d) A plan for the development of the infrastructure which includes,

4-2 without limitation:

4-3 (1) The minimum requirements for the development of

4-4 infrastructure as determined by the coalition;

4-5 (2) A plan to meet the anticipated needs of the area for police and

4-6 fire protection, parks, roads, regional transportation and flood control

4-7 facilities when the land becomes fully developed;

4-8 (3) An estimate of the date on which each phase of the development

4-9 will occur;

4-10 (4) The manner in which the plan for the development of the

4-11 infrastructure will be implemented; and

4-12 (5) An economic analysis of the cost to plan and develop fully the

4-13 infrastructure for the area.

4-14 3. The governing body may, if it finds that the analysis of the

4-15 projected need for infrastructure is consistent with the master plan,

4-16 approve the analysis by ordinance.

4-17 4. The governing body may establish, independently or in

4-18 conjunction with another governing body, a fee that would enable the

4-19 governing body to distribute equitably the cost for the development of

4-20 infrastructure in the area.

4-21 5. The governing body shall provide the necessary copies of the

4-22 analysis to the coalition for review and information.

4-23 Sec. 13. A governing body may carry out the plan for infrastructure

4-24 by negotiating master development agreements, independently or in

4-25 conjunction with an interlocal agreement for the area.

4-26 Sec. 14. A master development agreement may include provisions to

4-27 require the governing body to provide sources of revenue to pay a portion

4-28 of the costs to develop the infrastructure, including, without limitation:

4-29 1. Fees collected by a governing body, including, without limitation,

4-30 a residential construction tax for neighborhood parks; and

4-31 2. An improvement district for water, sewer, streets, parks or fire,

4-32 police or flood protection.

4-33 Sec. 15. NRS 278.010 is hereby amended to read as follows:

4-34 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

4-38 those sections.

4-39 Sec. 16. NRS 278.160 is hereby amended to read as follows:

4-40 278.160 1. The master plan, with the accompanying charts, drawings,

4-43 and as may be made the basis for the physical development thereof:

5-1 (a) Community design. Standards and principles governing the

5-2 subdivision of land and suggestive patterns for community design and

5-3 development.

5-4 (b) Conservation plan. For the conservation, development and utilization

5-5 of natural resources, including water and its hydraulic force, underground

5-6 water, water supply, forests, soils, rivers and other waters, harbors,

5-7 fisheries, wildlife, minerals and other natural resources. The plan must also

5-8 cover the reclamation of land and waters, flood control, prevention and

5-9 control of the pollution of streams and other waters, regulation of the use of

5-10 land in stream channels and other areas required for the accomplishment of

5-11 the conservation plan, prevention, control and correction of the erosion of

5-12 soils through proper clearing, grading and landscaping, beaches and shores,

5-13 and protection of watersheds. The plan must also indicate the maximum

5-14 tolerable level of air pollution.

5-15 (c) Economic plan. Showing recommended schedules for the allocation

5-16 and expenditure of public money in order to provide for the economical

5-17 and timely execution of the various components of the plan.

5-18 (d) Historical properties preservation plan. An inventory of significant

5-19 historical, archaeological and architectural properties as defined by a city,

5-20 county or region, and a statement of methods to encourage the preservation

5-21 of those properties.

5-22 (e) Housing plan. The housing plan must include, but is not limited to:

5-23 (1) An inventory of housing conditions, needs and plans and

5-24 procedures for improving housing standards and for providing adequate

5-25 housing.

5-26 (2) An inventory of affordable housing in the community.

5-27 (3) An analysis of the demographic characteristics of the community.

5-28 (4) A determination of the present and prospective need for

5-29 affordable housing in the community.

5-30 (5) An analysis of any impediments to the development of affordable

5-31 housing and the development of policies to mitigate those impediments.

5-32 (6) An analysis of the characteristics of the land that is the most

5-33 appropriate for the construction of affordable housing.

5-34 (7) An analysis of the needs and appropriate methods for the

5-35 construction of affordable housing or the conversion or rehabilitation of

5-36 existing housing to affordable housing.

5-37 (8) A plan for maintaining and developing affordable housing to meet

5-38 the housing needs of the community.

5-39 (f) Land use plan. An inventory and classification of types of natural

5-40 land and of existing land cover and uses, and comprehensive plans for the

5-41 most desirable utilization of land. The land use plan may include a

5-42 provision concerning the acquisition and use of land that is under federal

6-1 management within the city, county or region, including, without limitation,

6-2 a plan or statement of policy prepared pursuant to NRS 321.7355.

6-3 (g) Population plan. An estimate of the total population which the

6-4 natural resources of the city, county or region will support on a continuing

6-5 basis without unreasonable impairment.

6-6 (h) Public buildings. Showing locations and arrangement of civic centers

6-7 and all other public buildings, including the architecture thereof and the

6-8 landscape treatment of the grounds thereof.

6-9 (i) Public services and facilities. Showing general plans for sewage,

6-10 drainage and utilities, and rights of way, easements and facilities therefor,

6-11 including any utility projects required to be reported pursuant to NRS

6-12 278.145.

6-13 (j) Recreation plan. Showing a comprehensive system of recreation

6-14 areas, including natural reservations, parks, parkways, reserved riverbank

6-15 strips, beaches, playgrounds and other recreation areas, including, when

6-16 practicable, the locations and proposed development thereof.

6-17 (k) Rural neighborhoods preservation plan. In any county whose

6-18 population is 400,000 or more, showing general plans to preserve the

6-19 character and density of rural neighborhoods.

6-20 (l) Safety plan. In any county whose population is 400,000 or more,

6-21 identifying potential types of natural and man-made hazards, including

6-22 hazards from floods, landslides or fires, or resulting from the manufacture,

6-23 storage, transfer or use of bulk quantities of hazardous materials. The plan

6-24 may set forth policies for avoiding or minimizing the risks from those

6-25 hazards.

6-26 [(l)] (m) Seismic safety plan. Consisting of an identification and

6-27 appraisal of seismic hazards such as susceptibility to surface ruptures from

6-28 faulting, to ground shaking or to ground failures.

6-29 [(m)] (n) Solid waste disposal plan. Showing general plans for the

6-30 disposal of solid waste.

6-31 [(n)] (o) Streets and highways plan. Showing the general locations and

6-32 widths of a comprehensive system of major traffic thoroughfares and other

6-33 traffic ways and of streets and the recommended treatment thereof, building

6-34 line setbacks, and a system of naming or numbering streets and numbering

6-35 houses, with recommendations concerning proposed changes.

6-36 [(o)] (p) Transit plan. Showing a proposed system of transit lines,

6-37 including rapid transit, streetcar, motorcoach and trolley coach lines and

6-38 related facilities.

6-39 [(p)] (q) Transportation plan. Showing a comprehensive transportation

6-40 system, including locations of rights of way, terminals, viaducts and grade

6-41 separations. The plan may also include port, harbor, aviation and related

6-42 facilities.

7-1 2. The commission may prepare and adopt, as part of the master plan,

7-2 other and additional plans and reports dealing with such other subjects as

7-3 may in its judgment relate to the physical development of the city, county

7-4 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

7-5 prohibits the preparation and adoption of any such subject as a part of the

7-6 master plan.

7-7 Sec. 17. NRS 278.250 is hereby amended to read as follows:

7-8 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

7-42 throughout the city, county or region.

8-1 Sec. 18. The provisions of section 9 of this act expire on June 1, 2004.