Senate Bill No. 393–Senator Titus
March 12, 1999
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Referred to Committee on Government Affairs
SUMMARY—Makes various changes concerning land use planning. (BDR 22-129)
FISCAL NOTE: Effect on Local Government: No.
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 8, inclusive, of this act.1-3
Sec. 2. "Infrastructure" means publicly owned or publicly supported1-4
facilities that are necessary or desirable to support intense habitation1-5
within a region, including, without limitation, parks, roads, schools,1-6
community centers, sanitary sewers, facilities for mass transit and1-7
facilities for the conveyance of water and the treatment of wastewater.1-8
Sec. 3. "Priority funding area" means an area so designated1-9
pursuant to section 6 of this act.1-10
Sec. 4. 1. The legislature hereby finds and declares that:1-11
(a) The findings and declarations set forth in NRS 321.640 and1-12
subsection 2 of NRS 361A.090 remain valid and should continue to be1-13
observed with respect to the process of land use planning.2-1
(b) The premature extension of infrastructure and residential and2-2
commercial development to dispersed locations that are not contiguous to2-3
existing urban development may create several adverse effects within a2-4
community, including, without limitation:2-5
(1) The creation of unnecessary expense for the public and private2-6
sectors;2-7
(2) Reduction of environmental quality within the community;2-8
(3) Extended demand for social services;2-9
(4) Disruption of the social fabric of the community; and2-10
(5) Fragmentation of open space.2-11
(c) The governmental entities within this state that have authority to2-12
create or amend a master plan, facilities plan or other similar plan2-13
should be aware of the adverse effects described in paragraph (b) and2-14
strive to take actions that will promote the maintenance of compact2-15
urban development.2-16
(d) A plan for capital improvements that is prepared by a local2-17
government, regional transportation commission, water planning2-18
commission or county school district should be carried out with a2-19
preference for constructing and maintaining infrastructure in compact2-20
urban development.2-21
(e) State and local governmental entities should provide incentives for2-22
the development and redevelopment of brownfields.2-23
(f) Each plan for capital improvements that is prepared by the2-24
governing body of a local government should identify:2-25
(1) Costs that the local government expects to incur; and2-26
(2) Sources of revenue that the local government will use,2-27
to acquire, maintain, operate and replace capital improvements.2-28
(g) Local governments, district boards of health, regional2-29
transportation commissions, water planning commissions and county2-30
school districts should:2-31
(1) Establish jointly and maintain a common database containing2-32
information regarding land and development;2-33
(2) Use projections of population that are consistent; and2-34
(3) Coordinate activities relating to development and the2-35
construction of capital improvements to ensure that necessary elements2-36
of infrastructure are in place and able to accommodate the development.2-37
(h) In preparing and adopting a master plan, each local planning2-38
commission should consider:2-39
(1) The construction of residential dwellings within central business2-40
districts;2-41
(2) The use of conservation easements;3-1
(3) The continued use of traditional practices of farming and3-2
ranching;3-3
(4) Flexible regulation of land uses;3-4
(5) Mixed land uses, including, without limitation, the combination3-5
of commercial and residential uses within a single building or3-6
development;3-7
(6) The establishment and maintenance of transportation facilities3-8
at which persons may access several methods of transportation from a3-9
single location;3-10
(7) The use of open space and greenbelts;3-11
(8) The establishment of corridors of transportation within a3-12
community to accommodate future growth;3-13
(9) The creation of strategies for land use that allow for the3-14
efficient use of resources relating to transportation; and3-15
(10) Standards for the provision of urban services, including,3-16
without limitation:3-17
(I) Police, fire and ambulance service;3-18
(II) Water and sewer service; and3-19
(III) Mass transit.3-20
(i) Each entity responsible for planning with respect to land use,3-21
transportation and the control of air pollution should consider3-22
alternative land use designations, densities and design standards to meet3-23
standards of air quality and local and regional needs with respect to3-24
transportation.3-25
(j) Governing bodies of local governments should consider the use of3-26
cooperative agreements as described in NRS 360.730 to establish an3-27
alternative formula for the distribution of certain taxes to provide3-28
incentives for compact, contiguous development.3-29
(k) A board of county commissioners should, where appropriate,3-30
approve an application for open-space use assessment pursuant to NRS3-31
361A.200.3-32
2. As used in this section:3-33
(a) "Brownfield" means an industrial site that is idle, underutilized or3-34
vacant as a result of actual or perceived chemical contamination.3-35
(b) "Greenbelt" means a series of connected open spaces that typically3-36
follows a natural topographical feature such as a ravine, creek or stream3-37
and is used as a buffer between land uses or to mark the edge of an3-38
urban or developed area.3-39
Sec. 5. Each state agency and local governmental entity, including,3-40
without limitation, a county, an incorporated city, an unincorporated3-41
town, a planning commission, a regional transportation commission, a4-1
water planning commission and a county school district shall, before4-2
adopting or amending a master plan, facilities plan, plan for capital4-3
improvements or other similar plan:4-4
1. Consider the principles set forth in section 4 of this act; and4-5
2. Make a specific finding that it has considered the principles set4-6
forth in section 4 of this act.4-7
Sec. 6. 1. On or before June 30, 2000, the board of county4-8
commissioners of each county whose population is 100,000 or more shall4-9
prepare or cause to be prepared a map designating each area within the4-10
county that is a priority funding area. The board of county4-11
commissioners may update the map periodically as it deems necessary.4-12
2. The board of county commissioners of a county whose population4-13
is less than 100,000 may prepare or cause to be prepared and update4-14
periodically a map designating each area within the county that is a4-15
priority funding area.4-16
3. In preparing a map pursuant to this section, a board of county4-17
commissioners shall designate as a priority funding area:4-18
(a) An area within the county in which a sanitary sewer system4-19
provides service to an existing development.4-20
(b) An area within the county:4-21
(1) That is identified in the land use plan of an adopted master plan4-22
or a zoning regulation adopted pursuant to NRS 278.260 as being4-23
suitable for:4-24
(I) Residential development at a density of at least 3 1/2 units per4-25
acre; or4-26
(II) Uses that are principally commercial or industrial in nature;4-27
and4-28
(2) For which:4-29
(I) The construction of a sanitary sewer system is proposed in a4-30
plan for capital improvements prepared pursuant to NRS 278.0226; or4-31
(II) A local government has imposed an impact fee pursuant to4-32
NRS 278B.160 to pay for the construction of a sanitary sewer system.4-33
Sec. 7. Any grant or loan of money to pay for the construction or4-34
maintenance of infrastructure that is:4-35
1. Made by an agency of this state or a political subdivision thereof;4-36
or4-37
2. Allocated or distributed by an agency of this state or a political4-38
subdivision thereof on behalf of the Federal Government,4-39
must be made available with a relative preference given to projects for4-40
constructing or maintaining infrastructure within priority funding areas,4-41
to the extent that doing so does not conflict with federal law.5-1
Sec. 8. Each action taken by a local government relating to5-2
development, zoning, the subdivision of land or capital improvements5-3
must conform to the master plan of the local government. In adopting an5-4
ordinance or regulation relating to development, zoning, the subdivision5-5
of land or capital improvements, the local government shall make a5-6
specific finding that the ordinance or regulation conforms to the master5-7
plan. Within 1 year after adopting or amending a master plan or any5-8
portion thereof, a local government shall review and, if necessary, amend5-9
its existing ordinances and regulations to ensure their conformity with5-10
the provisions of the master plan. If an ordinance or regulation of a local5-11
government relating to development, zoning, the subdivision of land or5-12
capital improvements is inconsistent with a provision of the master plan,5-13
the provision of the master plan controls.5-14
Sec. 9. NRS 278.010 is hereby amended to read as follows: 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 25-16
to 8, inclusive, of this act, unless the context otherwise requires, the words5-17
and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 25-18
and 3 of this act have the meanings ascribed to them in those sections.5-19
Sec. 10. NRS 278.150 is hereby amended to read as follows: 278.150 1. The planning commission shall prepare and adopt a5-21
comprehensive, long-term general plan for the physical development of the5-22
city, county or region which in the commission’s judgment bears relation to5-23
the planning thereof.5-24
2. The plan must be known as the master plan, and must be so prepared5-25
that5-26
(a) The elements and policies set forth in the master plan are5-27
integrated, consistent internally and compatible; and5-28
(b) The entirety of the master plan or portions thereof, except as5-29
provided in subsection 3, may be adopted by the governing body, as5-30
provided in NRS 278.010 to 278.630, inclusive, as a basis for the5-31
development of the city, county or region for such reasonable period of5-32
time next ensuing after the adoption thereof as may practically be covered5-33
thereby.5-34
3. In counties whose population is 100,000 or more, if the governing5-35
body of the city or county adopts only a portion of the master plan, it shall5-36
include in that portion a conservation plan, a housing plan5-37
use plan, a population plan and a transportation plan as provided in NRS5-38
278.160.5-39
Sec. 11. NRS 278.210 is hereby amended to read as follows: 278.210 1. Before adopting the master plan or any part of it, or any5-41
substantial amendment thereof, the commission shall hold at least one5-42
public hearing thereon, notice of the time and place of which shall be given5-43
at least by one publication in a newspaper of general circulation in the city6-1
or county, or in the case of a regional planning commission, by one6-2
publication in a newspaper in each county within the regional district, at6-3
least 10 days before the day of the hearing.6-4
2. The adoption of the master plan, or of any amendment, extension or6-5
addition thereof, shall be by resolution of the commission carried by the6-6
affirmative votes of not less than two-thirds of the total membership of the6-7
commission. The resolution shall refer expressly to the maps, descriptive6-8
matter and other matter intended by the commission to constitute the plan6-9
or any amendment, addition or extension thereof, and the action taken shall6-10
be recorded on the map and plan and descriptive matter by the identifying6-11
signatures of the secretary and chairman of the commission.6-12
3. No plan or map, hereafter, shall have indicated thereon that it is a6-13
part of the master plan until it shall have been adopted as part of the master6-14
plan by the commission as herein provided for the adoption thereof,6-15
whenever changed conditions or further studies by the commission require6-16
such amendments, extension, or addition.6-17
4. The commission shall not amend the master plan or any part6-18
thereof pursuant to this section more than twice in a calendar year.6-19
5. An attested copy of any part, amendment, extension of or addition to6-20
the master plan adopted by the planning commission of any city, county or6-21
region shall be certified to the governing body of such city, county, or6-22
region.6-23
6-24
addition to the master plan adopted by any regional planning commission6-25
shall be certified to the county planning commission and to the board of6-26
county commissioners of each county within the regional district.6-27
Sec. 12. NRS 231.067 is hereby amended to read as follows: 231.067 The commission on economic development shall:6-29
1. Develop a state plan for industrial development and diversification.6-30
The commission shall from time to time amend the state plan and in6-31
doing so consider:6-32
(a) The principles set forth in section 4 of this act; and6-33
(b) The promotion of economic development within areas designated6-34
as priority funding areas pursuant to section 6 of this act.6-35
2. Promote, encourage and aid the development of commercial,6-36
industrial, agricultural, mining and other vital economic interests of this6-37
state, except for travel and tourism, except that in a county whose6-38
population is less than 35,000, the county may include community6-39
development and the development of the nongaming recreation and tourism6-40
industry in its economic development efforts.6-41
3. Identify sources of financing and assist businesses and industries6-42
which wish to locate in Nevada in obtaining financing.7-1
4. Provide and administer grants of money to political subdivisions of7-2
the state and to local or regional organizations for economic development7-3
to assist them in promoting the advantages of their communities and in7-4
recruiting businesses to relocate in those communities. Each recipient must7-5
provide an amount of money, at least equal to the grant, for the same7-6
purpose, except, in a county whose population is less than 35,000, the7-7
commission may, if convinced that the recipient is financially unable to do7-8
so, provide such a grant with less than equal matching money provided by7-9
the recipient.7-10
5. Encourage and assist state, county and city agencies in planning and7-11
preparing projects for economic or industrial development and financing7-12
those projects with revenue bonds.7-13
6. Coordinate and assist the activities of counties, cities, local and7-14
regional organizations for economic development and fair and recreation7-15
boards in the state which affect industrial development, except for travel7-16
and tourism, except that in a county whose population is less than 35,000,7-17
the county may include community development and the development of7-18
the nongaming recreation and tourism industry in its economic7-19
development efforts.7-20
7. Arrange by cooperative agreements with local governments to serve7-21
as the single agency in the state where relocating or expanding businesses7-22
may obtain all required permits.7-23
8. Promote close cooperation between public agencies and private7-24
persons who have an interest in industrial development and diversification7-25
in Nevada.7-26
9. Organize and coordinate the activities of a group of volunteers7-27
which will aggressively select and recruit businesses and industries,7-28
especially small industries, to locate their offices and facilities in Nevada.~