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 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 [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 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.

 

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 thereto

1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3 Sec. 2. "Average residential density" means the number of 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 10 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. "Residential dwelling unit" has the meaning ascribed to it in

1-12 NRS 278.4977.

2-1 Sec. 6. "Rural preservation neighborhood" means a subdivided or

2-2 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 residential

2-5 purposes is not more than 330 feet from the outer boundary of any other

2-6 lot that is used for residential purposes;

2-7 3. Which has no more than two residential dwelling units per acre;

2-8 and

2-9 4. Which allows residents to raise or keep animals noncommercially.

2-10 Sec. 7. "Used for residential purposes" means a lot or parcel of land

2-11 that is 5 acres or less in area and contains a residential dwelling unit of a

2-12 permanent nature.

2-13 Sec. 8. 1. In a county with a population of 400,000 or more, the

2-14 governing body shall take such actions as are necessary and appropriate

2-15 to ensure that the rural character of each rural preservation

2-16 neighborhood is preserved.

2-17 2. Unless a rural preservation neighborhood is located within 330

2-18 feet of an existing or proposed street or highway that is more than 99 feet

2-19 wide, the governing body shall, to the extent practicable, adopt any

2-20 zoning regulation or restriction that is necessary to:

2-21 (a) Maintain the rural character of the area developed as a low

2-22 density residential development;

2-23 (b) Except as otherwise provided in subsection 4, ensure that the

2-24 average residential density for that portion of the zoning request that is

2-25 located within 330 feet of a rural preservation neighborhood does not

2-26 exceed three residential dwelling units per acre; and

2-27 (c) Provide adequate buffer areas, adequate screening and an orderly

2-28 and efficient transition of land uses, excluding raising or keeping

2-29 animals commercially or noncommercially.

2-30 3. The governing body may modify the standards for the

2-31 development of infrastructure to maintain the rural character of the

2-32 rural preservation neighborhood.

2-33 4. The governing body may, for good cause shown, allow a greater

2-34 density or intensity of use when that use is less than 330 feet from a rural

2-35 preservation neighborhood.

2-36 Sec. 9. The provisions of sections 10, 11 and 12 of this act apply

2-37 only to counties whose population is 400,000 or more and cities located

2-38 within those counties.

2-39 Sec. 10. The board of county commissioners and the city council of

2-40 each of the four largest cities in the county shall establish a regional

2-41 planning coalition by cooperative agreement pursuant to chapter 277 of

2-42 NRS. The regional planning coalition may:

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

3-2 promotion of orderly development, coordinated land use planning and

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

3-4 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 governmental

3-9 entities and services;

3-10 5. Make recommendations regarding the disposal of federal land;

3-11 6. Establish methods for resolving disputes regarding annexation

3-12 and other matters that arise between jurisdictions;

3-13 7. Periodically review the master plans adopted by the governing

3-14 body of the county and each city; and

3-15 8. Periodically review the annual plan for capital improvements

3-16 prepared by the governing body of each local government in the county

3-17 pursuant to NRS 278.0226.

3-18 Sec. 11. 1. A governing body may establish, independently or in

3-19 conjunction with another governing body, an analysis of the cost to

3-20 construct infrastructure in an area which is relatively undeveloped and

3-21 which is likely to become developed.

3-22 2. The analysis of the cost to construct infrastructure in an area that

3-23 is relatively undeveloped must include, without limitation:

3-24 (a) A precise description of the area, either in the form of a legal

3-25 description or by reference to roadways, lakes and waterways, railroads

3-26 or similar landmarks, and township, county or city boundaries;

3-27 (b) An estimate of the expected total population of the area when the

3-28 land becomes fully developed;

3-29 (c) An assessment of the infrastructure that will be necessary to

3-30 support the area when it becomes fully developed according to the master

3-31 plan adopted by the governing body pursuant to NRS 278.220; and

3-32 (d) A plan for the development of the infrastructure which includes,

3-33 without limitation:

3-34 (1) Any minimum requirements for the development of

3-35 infrastructure that have been determined by the coalition;

3-36 (2) A plan to meet the anticipated needs of the area for police and

3-37 fire protection, parks, roads, regional transportation and flood control

3-38 facilities when the land becomes fully developed;

3-39 (3) An estimate of the date on which each phase of the development

3-40 will occur;

3-41 (4) The manner in which the plan for the development of the

3-42 infrastructure will be implemented; and

4-1 (5) An economic analysis of the cost to plan and develop fully the

4-2 infrastructure for the area.

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

4-4 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 in

4-7 conjunction with another governing body, a fee that would enable the

4-8 governing body to distribute equitably the cost for the development of

4-9 infrastructure in the area.

4-10 5. The governing body shall provide the necessary copies of the

4-11 analysis to the coalition for review and information.

4-12 Sec. 12. 1. A governing body may carry out the plan for

4-13 infrastructure by negotiating master development agreements,

4-14 independently or in conjunction with an interlocal agreement for the

4-15 area.

4-16 2. As used in this section, "master development agreement" means a

4-17 written agreement:

4-18 (a) Between a governing body and a person who has a legal or

4-19 equitable interest in land that is entered into upon the application of the

4-20 person who wishes to develop that land;

4-21 (b) To enable the governing body to distribute equitably the costs to

4-22 develop infrastructure for an area of land that is largely undeveloped;

4-23 and

4-24 (c) That is based on an analysis of the need for infrastructure that is

4-25 prepared pursuant to section 11 of this act.

4-26 Sec. 13. NRS 278.010 is hereby amended to read as follows:

4-27 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

4-28 to 12, inclusive, of this act, unless the context otherwise requires, the

4-29 words and terms defined in NRS 278.0105 to 278.0195, inclusive, and

4-30 sections 2 to 7, inclusive, of this act have the meanings ascribed to them in

4-31 those sections.

4-32 Sec. 14. NRS 278.160 is hereby amended to read as follows:

4-33 278.160 1. The master plan, with the accompanying charts, drawings,

4-34 diagrams, schedules and reports, may include such of the following subject

4-35 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 the

4-38 subdivision of land and suggestive patterns for community design and

4-39 development.

4-40 (b) Conservation plan. For the conservation, development and utilization

4-41 of natural resources, including water and its hydraulic force, underground

4-42 water, water supply, forests, soils, rivers and other waters, harbors,

5-1 fisheries, wildlife, minerals and other natural resources. The plan must also

5-2 cover the reclamation of land and waters, flood control, prevention and

5-3 control of the pollution of streams and other waters, regulation of the use of

5-4 land in stream channels and other areas required for the accomplishment of

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

5-6 soils through proper clearing, grading and landscaping, beaches and shores,

5-7 and protection of watersheds. The plan must also indicate the maximum

5-8 tolerable level of air pollution.

5-9 (c) Economic plan. Showing recommended schedules for the allocation

5-10 and expenditure of public money in order to provide for the economical

5-11 and timely execution of the various components of the plan.

5-12 (d) Historical properties preservation plan. An inventory of significant

5-13 historical, archaeological and architectural properties as defined by a city,

5-14 county or region, and a statement of methods to encourage the preservation

5-15 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 and

5-18 procedures for improving housing standards and for providing adequate

5-19 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 for

5-23 affordable housing in the community.

5-24 (5) An analysis of any impediments to the development of affordable

5-25 housing and the development of policies to mitigate those impediments.

5-26 (6) An analysis of the characteristics of the land that is the most

5-27 appropriate for the construction of affordable housing.

5-28 (7) An analysis of the needs and appropriate methods for the

5-29 construction of affordable housing or the conversion or rehabilitation of

5-30 existing housing to affordable housing.

5-31 (8) A plan for maintaining and developing affordable housing to meet

5-32 the housing needs of the community.

5-33 (f) Land use plan. An inventory and classification of types of natural

5-34 land and of existing land cover and uses, and comprehensive plans for the

5-35 most desirable utilization of land. The land use plan may include a

5-36 provision concerning the acquisition and use of land that is under federal

5-37 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 the

5-40 natural resources of the city, county or region will support on a continuing

5-41 basis without unreasonable impairment.

6-1 (h) Public buildings. Showing locations and arrangement of civic centers

6-2 and all other public buildings, including the architecture thereof and the

6-3 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 NRS

6-7 278.145.

6-8 (j) Recreation plan. Showing a comprehensive system of recreation

6-9 areas, including natural reservations, parks, parkways, reserved riverbank

6-10 strips, beaches, playgrounds and other recreation areas, including, when

6-11 practicable, the locations and proposed development thereof.

6-12 (k) Rural neighborhoods preservation plan. In any county whose

6-13 population is 400,000 or more, showing general plans to preserve the

6-14 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, including

6-17 hazards from floods, landslides or fires, or resulting from the manufacture,

6-18 storage, transfer or use of bulk quantities of hazardous materials. The plan

6-19 may set forth policies for avoiding or minimizing the risks from those

6-20 hazards.

6-21 [(l)] (m) Seismic safety plan. Consisting of an identification and

6-22 appraisal of seismic hazards such as susceptibility to surface ruptures from

6-23 faulting, to ground shaking or to ground failures.

6-24 [(m)] (n) Solid waste disposal plan. Showing general plans for the

6-25 disposal of solid waste.

6-26 [(n)] (o) Streets and highways plan. Showing the general locations and

6-27 widths of a comprehensive system of major traffic thoroughfares and other

6-28 traffic ways and of streets and the recommended treatment thereof, building

6-29 line setbacks, and a system of naming or numbering streets and numbering

6-30 houses, with recommendations concerning proposed changes.

6-31 [(o)] (p) Transit plan. Showing a proposed system of transit lines,

6-32 including rapid transit, streetcar, motorcoach and trolley coach lines and

6-33 related facilities.

6-34 [(p)] (q) Transportation plan. Showing a comprehensive transportation

6-35 system, including locations of rights of way, terminals, viaducts and grade

6-36 separations. The plan may also include port, harbor, aviation and related

6-37 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 as

6-40 may in its judgment relate to the physical development of the city, county

6-41 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 the

6-43 master plan.

7-1 Sec. 15. NRS 278.250 is hereby amended to read as follows:

7-2 278.250 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 zoning

7-4 districts of such number, shape and area as are best suited to carry out the

7-5 purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district

7-6 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 the

7-9 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 of

7-12 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 and

7-15 other natural disasters.

7-16 (e) To conform to the adopted population plan, if required by NRS

7-17 278.170.

7-18 (f) To develop a timely, orderly and efficient arrangement of

7-19 transportation and public facilities and services, including facilities and

7-20 services for bicycles.

7-21 (g) To ensure that the development on land is commensurate with the

7-22 character and the physical limitations of the land.

7-23 (h) To take into account the immediate and long-range financial impact

7-24 of the application of particular land to particular kinds of development, and

7-25 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 the

7-28 community, including the development of affordable housing.

7-29 (k) To ensure the protection of existing neighborhoods and

7-30 communities, including the protection of rural preservation

7-31 neighborhoods.

7-32 3. The zoning regulations must be adopted with reasonable

7-33 consideration, among other things, to the character of the area and its

7-34 peculiar suitability for particular uses, and with a view to conserving the

7-35 value of buildings and encouraging the most appropriate use of land

7-36 throughout the city, county or region.

7-37 Sec. 16. The provisions of section 8 of this act expire on June 1, 2004.

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