Senate Bill No. 391–Senators Porter and James
March 12, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Establishes provisions to preserve rural character of certain areas and to distribute equitably costs of developing infrastructure in certain areas. (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. Chapter 278 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 12, inclusive, of this act.1-3
Sec. 2. "Average residential density" means the number of lots1-4
intended for residential dwelling units within the boundaries of a1-5
subdivided or developed area, divided by the total number of acres within1-6
the boundaries of the subdivision or developed area.1-7
Sec. 3. "Coalition" means the regional planning coalition created1-8
pursuant to section 10 of this act.1-9
Sec. 4. "Infrastructure" or "public facilities" means water, sanitary1-10
sewer, storm sewer, streets, parks, fire, police and flood protection.1-11
Sec. 5. "Residential dwelling unit" has the meaning ascribed to it in1-12
NRS 278.4977.2-1
Sec. 6. "Rural preservation neighborhood" means a subdivided or2-2
developed area:2-3
1. Which consists of 10 or more residential dwelling units;2-4
2. Where the outer boundary of each lot that is used for residential2-5
purposes is not more than 330 feet from the outer boundary of any other2-6
lot that is used for residential purposes;2-7
3. Which has no more than two residential dwelling units per acre;2-8
and2-9
4. Which allows residents to raise or keep animals noncommercially.2-10
Sec. 7. "Used for residential purposes" means a lot or parcel of land2-11
that is 5 acres or less in area and contains a residential dwelling unit of a2-12
permanent nature.2-13
Sec. 8. 1. In a county with a population of 400,000 or more, the2-14
governing body shall take such actions as are necessary and appropriate2-15
to ensure that the rural character of each rural preservation2-16
neighborhood is preserved.2-17
2. Unless a rural preservation neighborhood is located within 3302-18
feet of an existing or proposed street or highway that is more than 99 feet2-19
wide, the governing body shall, to the extent practicable, adopt any2-20
zoning regulation or restriction that is necessary to:2-21
(a) Maintain the rural character of the area developed as a low2-22
density residential development;2-23
(b) Except as otherwise provided in subsection 4, ensure that the2-24
average residential density for that portion of the zoning request that is2-25
located within 330 feet of a rural preservation neighborhood does not2-26
exceed three residential dwelling units per acre; and2-27
(c) Provide adequate buffer areas, adequate screening and an orderly2-28
and efficient transition of land uses, excluding raising or keeping2-29
animals commercially or noncommercially.2-30
3. The governing body may modify the standards for the2-31
development of infrastructure to maintain the rural character of the2-32
rural preservation neighborhood.2-33
4. The governing body may, for good cause shown, allow a greater2-34
density or intensity of use when that use is less than 330 feet from a rural2-35
preservation neighborhood.2-36
Sec. 9. The provisions of sections 10, 11 and 12 of this act apply2-37
only to counties whose population is 400,000 or more and cities located2-38
within those counties.2-39
Sec. 10. The board of county commissioners and the city council of2-40
each of the four largest cities in the county shall establish a regional2-41
planning coalition by cooperative agreement pursuant to chapter 277 of2-42
NRS. The regional planning coalition may:3-1
1. Develop policies for the region, including, without limitation, the3-2
promotion of orderly development, coordinated land use planning and3-3
the efficient provision of services to urban areas, including, without3-4
limitation, roads, water and sewer service, police and fire protection,3-5
mass transit, libraries and parks;3-6
2. Coordinate sources of information;3-7
3. Establish standardized projections for population;3-8
4. Recommend measures to increase the efficiency of governmental3-9
entities and services;3-10
5. Make recommendations regarding the disposal of federal land;3-11
6. Establish methods for resolving disputes regarding annexation3-12
and other matters that arise between jurisdictions;3-13
7. Periodically review the master plans adopted by the governing3-14
body of the county and each city; and3-15
8. Periodically review the annual plan for capital improvements3-16
prepared by the governing body of each local government in the county3-17
pursuant to NRS 278.0226.3-18
Sec. 11. 1. A governing body may establish, independently or in3-19
conjunction with another governing body, an analysis of the cost to3-20
construct infrastructure in an area which is relatively undeveloped and3-21
which is likely to become developed.3-22
2. The analysis of the cost to construct infrastructure in an area that3-23
is relatively undeveloped must include, without limitation:3-24
(a) A precise description of the area, either in the form of a legal3-25
description or by reference to roadways, lakes and waterways, railroads3-26
or similar landmarks, and township, county or city boundaries;3-27
(b) An estimate of the expected total population of the area when the3-28
land becomes fully developed;3-29
(c) An assessment of the infrastructure that will be necessary to3-30
support the area when it becomes fully developed according to the master3-31
plan adopted by the governing body pursuant to NRS 278.220; and3-32
(d) A plan for the development of the infrastructure which includes,3-33
without limitation:3-34
(1) Any minimum requirements for the development of3-35
infrastructure that have been determined by the coalition;3-36
(2) A plan to meet the anticipated needs of the area for police and3-37
fire protection, parks, roads, regional transportation and flood control3-38
facilities when the land becomes fully developed;3-39
(3) An estimate of the date on which each phase of the development3-40
will occur;3-41
(4) The manner in which the plan for the development of the3-42
infrastructure will be implemented; and4-1
(5) An economic analysis of the cost to plan and develop fully the4-2
infrastructure for the area.4-3
3. The governing body may, if it finds that the analysis of the4-4
projected need for infrastructure is consistent with the master plan,4-5
approve the analysis by ordinance.4-6
4. The governing body may establish, independently or in4-7
conjunction with another governing body, a fee that would enable the4-8
governing body to distribute equitably the cost for the development of4-9
infrastructure in the area.4-10
5. The governing body shall provide the necessary copies of the4-11
analysis to the coalition for review and information.4-12
Sec. 12. 1. A governing body may carry out the plan for4-13
infrastructure by negotiating master development agreements,4-14
independently or in conjunction with an interlocal agreement for the4-15
area.4-16
2. As used in this section, "master development agreement" means a4-17
written agreement:4-18
(a) Between a governing body and a person who has a legal or4-19
equitable interest in land that is entered into upon the application of the4-20
person who wishes to develop that land;4-21
(b) To enable the governing body to distribute equitably the costs to4-22
develop infrastructure for an area of land that is largely undeveloped;4-23
and4-24
(c) That is based on an analysis of the need for infrastructure that is4-25
prepared pursuant to section 11 of this act.4-26
Sec. 13. NRS 278.010 is hereby amended to read as follows: 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 24-28
to 12, inclusive, of this act, unless the context otherwise requires, the4-29
words and terms defined in NRS 278.0105 to 278.0195, inclusive, and4-30
sections 2 to 7, inclusive, of this act have the meanings ascribed to them in4-31
those sections.4-32
Sec. 14. NRS 278.160 is hereby amended to read as follows: 278.160 1. The master plan, with the accompanying charts, drawings,4-34
diagrams, schedules and reports, may include such of the following subject4-35
matter or portions thereof as are appropriate to the city, county or region,4-36
and as may be made the basis for the physical development thereof:4-37
(a) Community design. Standards and principles governing the4-38
subdivision of land and suggestive patterns for community design and4-39
development.4-40
(b) Conservation plan. For the conservation, development and utilization4-41
of natural resources, including water and its hydraulic force, underground4-42
water, water supply, forests, soils, rivers and other waters, harbors,5-1
fisheries, wildlife, minerals and other natural resources. The plan must also5-2
cover the reclamation of land and waters, flood control, prevention and5-3
control of the pollution of streams and other waters, regulation of the use of5-4
land in stream channels and other areas required for the accomplishment of5-5
the conservation plan, prevention, control and correction of the erosion of5-6
soils through proper clearing, grading and landscaping, beaches and shores,5-7
and protection of watersheds. The plan must also indicate the maximum5-8
tolerable level of air pollution.5-9
(c) Economic plan. Showing recommended schedules for the allocation5-10
and expenditure of public money in order to provide for the economical5-11
and timely execution of the various components of the plan.5-12
(d) Historical properties preservation plan. An inventory of significant5-13
historical, archaeological and architectural properties as defined by a city,5-14
county or region, and a statement of methods to encourage the preservation5-15
of those properties.5-16
(e) Housing plan. The housing plan must include, but is not limited to:5-17
(1) An inventory of housing conditions, needs and plans and5-18
procedures for improving housing standards and for providing adequate5-19
housing.5-20
(2) An inventory of affordable housing in the community.5-21
(3) An analysis of the demographic characteristics of the community.5-22
(4) A determination of the present and prospective need for5-23
affordable housing in the community.5-24
(5) An analysis of any impediments to the development of affordable5-25
housing and the development of policies to mitigate those impediments.5-26
(6) An analysis of the characteristics of the land that is the most5-27
appropriate for the construction of affordable housing.5-28
(7) An analysis of the needs and appropriate methods for the5-29
construction of affordable housing or the conversion or rehabilitation of5-30
existing housing to affordable housing.5-31
(8) A plan for maintaining and developing affordable housing to meet5-32
the housing needs of the community.5-33
(f) Land use plan. An inventory and classification of types of natural5-34
land and of existing land cover and uses, and comprehensive plans for the5-35
most desirable utilization of land. The land use plan may include a5-36
provision concerning the acquisition and use of land that is under federal5-37
management within the city, county or region, including, without limitation,5-38
a plan or statement of policy prepared pursuant to NRS 321.7355.5-39
(g) Population plan. An estimate of the total population which the5-40
natural resources of the city, county or region will support on a continuing5-41
basis without unreasonable impairment.6-1
(h) Public buildings. Showing locations and arrangement of civic centers6-2
and all other public buildings, including the architecture thereof and the6-3
landscape treatment of the grounds thereof.6-4
(i) Public services and facilities. Showing general plans for sewage,6-5
drainage and utilities, and rights of way, easements and facilities therefor,6-6
including any utility projects required to be reported pursuant to NRS6-7
278.145.6-8
(j) Recreation plan. Showing a comprehensive system of recreation6-9
areas, including natural reservations, parks, parkways, reserved riverbank6-10
strips, beaches, playgrounds and other recreation areas, including, when6-11
practicable, the locations and proposed development thereof.6-12
(k) Rural neighborhoods preservation plan. In any county whose6-13
population is 400,000 or more, showing general plans to preserve the6-14
character and density of rural neighborhoods.6-15
(l) Safety plan. In any county whose population is 400,000 or more,6-16
identifying potential types of natural and man-made hazards, including6-17
hazards from floods, landslides or fires, or resulting from the manufacture,6-18
storage, transfer or use of bulk quantities of hazardous materials. The plan6-19
may set forth policies for avoiding or minimizing the risks from those6-20
hazards.6-21
6-22
appraisal of seismic hazards such as susceptibility to surface ruptures from6-23
faulting, to ground shaking or to ground failures.6-24
6-25
disposal of solid waste.6-26
6-27
widths of a comprehensive system of major traffic thoroughfares and other6-28
traffic ways and of streets and the recommended treatment thereof, building6-29
line setbacks, and a system of naming or numbering streets and numbering6-30
houses, with recommendations concerning proposed changes.6-31
6-32
including rapid transit, streetcar, motorcoach and trolley coach lines and6-33
related facilities.6-34
6-35
system, including locations of rights of way, terminals, viaducts and grade6-36
separations. The plan may also include port, harbor, aviation and related6-37
facilities.6-38
2. The commission may prepare and adopt, as part of the master plan,6-39
other and additional plans and reports dealing with such other subjects as6-40
may in its judgment relate to the physical development of the city, county6-41
or region, and nothing contained in NRS 278.010 to 278.630, inclusive,6-42
prohibits the preparation and adoption of any such subject as a part of the6-43
master plan.7-1
Sec. 15. NRS 278.250 is hereby amended to read as follows: 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,7-3
the governing body may divide the city, county or region into zoning7-4
districts of such number, shape and area as are best suited to carry out the7-5
purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district7-6
it may regulate and restrict the erection, construction, reconstruction,7-7
alteration, repair or use of buildings, structures or land.7-8
2. The zoning regulations must be adopted in accordance with the7-9
master plan for land use and be designed:7-10
(a) To preserve the quality of air and water resources.7-11
(b) To promote the conservation of open space and the protection of7-12
other natural and scenic resources from unreasonable impairment.7-13
(c) To provide for recreational needs.7-14
(d) To protect life and property in areas subject to floods, landslides and7-15
other natural disasters.7-16
(e) To conform to the adopted population plan, if required by NRS7-17
278.170.7-18
(f) To develop a timely, orderly and efficient arrangement of7-19
transportation and public facilities and services, including facilities and7-20
services for bicycles.7-21
(g) To ensure that the development on land is commensurate with the7-22
character and the physical limitations of the land.7-23
(h) To take into account the immediate and long-range financial impact7-24
of the application of particular land to particular kinds of development, and7-25
the relative suitability of the land for development.7-26
(i) To promote health and the general welfare.7-27
(j) To ensure the development of an adequate supply of housing for the7-28
community, including the development of affordable housing.7-29
(k) To ensure the protection of existing neighborhoods and7-30
communities, including the protection of rural preservation7-31
neighborhoods.7-32
3. The zoning regulations must be adopted with reasonable7-33
consideration, among other things, to the character of the area and its7-34
peculiar suitability for particular uses, and with a view to conserving the7-35
value of buildings and encouraging the most appropriate use of land7-36
throughout the city, county or region.7-37
Sec. 16. The provisions of section 8 of this act expire on June 1, 2004.~