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 [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; requiring state agencies and regional and local governmental entities to consider certain principles of orderly, centralized growth before taking certain actions; providing for the designation of priority funding areas in certain counties; requiring money from certain grants and loans to be made available with a relative preference toward development in priority funding areas; requiring local government to take certain actions to comply with its master plan; 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 8, inclusive, of this act.

1-3 Sec. 2. "Infrastructure" means publicly owned or publicly supported

1-4 facilities that are necessary or desirable to support intense habitation

1-5 within a region, including, without limitation, parks, roads, schools,

1-6 community centers, sanitary sewers, facilities for mass transit and

1-7 facilities for the conveyance of water and the treatment of wastewater.

1-8 Sec. 3. "Priority funding area" means an area so designated

1-9 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 and

1-12 subsection 2 of NRS 361A.090 remain valid and should continue to be

1-13 observed with respect to the process of land use planning.

2-1 (b) The premature extension of infrastructure and residential and

2-2 commercial development to dispersed locations that are not contiguous to

2-3 existing urban development may create several adverse effects within a

2-4 community, including, without limitation:

2-5 (1) The creation of unnecessary expense for the public and private

2-6 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; and

2-10 (5) Fragmentation of open space.

2-11 (c) The governmental entities within this state that have authority to

2-12 create or amend a master plan, facilities plan or other similar plan

2-13 should be aware of the adverse effects described in paragraph (b) and

2-14 strive to take actions that will promote the maintenance of compact

2-15 urban development.

2-16 (d) A plan for capital improvements that is prepared by a local

2-17 government, regional transportation commission, water planning

2-18 commission or county school district should be carried out with a

2-19 preference for constructing and maintaining infrastructure in compact

2-20 urban development.

2-21 (e) State and local governmental entities should provide incentives for

2-22 the development and redevelopment of brownfields.

2-23 (f) Each plan for capital improvements that is prepared by the

2-24 governing body of a local government should identify:

2-25 (1) Costs that the local government expects to incur; and

2-26 (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, regional

2-29 transportation commissions, water planning commissions and county

2-30 school districts should:

2-31 (1) Establish jointly and maintain a common database containing

2-32 information regarding land and development;

2-33 (2) Use projections of population that are consistent; and

2-34 (3) Coordinate activities relating to development and the

2-35 construction of capital improvements to ensure that necessary elements

2-36 of infrastructure are in place and able to accommodate the development.

2-37 (h) In preparing and adopting a master plan, each local planning

2-38 commission should consider:

2-39 (1) The construction of residential dwellings within central business

2-40 districts;

2-41 (2) The use of conservation easements;

3-1 (3) The continued use of traditional practices of farming and

3-2 ranching;

3-3 (4) Flexible regulation of land uses;

3-4 (5) Mixed land uses, including, without limitation, the combination

3-5 of commercial and residential uses within a single building or

3-6 development;

3-7 (6) The establishment and maintenance of transportation facilities

3-8 at which persons may access several methods of transportation from a

3-9 single location;

3-10 (7) The use of open space and greenbelts;

3-11 (8) The establishment of corridors of transportation within a

3-12 community to accommodate future growth;

3-13 (9) The creation of strategies for land use that allow for the

3-14 efficient use of resources relating to transportation; and

3-15 (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; and

3-19 (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 consider

3-22 alternative land use designations, densities and design standards to meet

3-23 standards of air quality and local and regional needs with respect to

3-24 transportation.

3-25 (j) Governing bodies of local governments should consider the use of

3-26 cooperative agreements as described in NRS 360.730 to establish an

3-27 alternative formula for the distribution of certain taxes to provide

3-28 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 NRS

3-31 361A.200.

3-32 2. As used in this section:

3-33 (a) "Brownfield" means an industrial site that is idle, underutilized or

3-34 vacant as a result of actual or perceived chemical contamination.

3-35 (b) "Greenbelt" means a series of connected open spaces that typically

3-36 follows a natural topographical feature such as a ravine, creek or stream

3-37 and is used as a buffer between land uses or to mark the edge of an

3-38 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 unincorporated

3-41 town, a planning commission, a regional transportation commission, a

4-1 water planning commission and a county school district shall, before

4-2 adopting or amending a master plan, facilities plan, plan for capital

4-3 improvements or other similar plan:

4-4 1. Consider the principles set forth in section 4 of this act; and

4-5 2. Make a specific finding that it has considered the principles set

4-6 forth in section 4 of this act.

4-7 Sec. 6. 1. On or before June 30, 2000, the board of county

4-8 commissioners of each county whose population is 100,000 or more shall

4-9 prepare or cause to be prepared a map designating each area within the

4-10 county that is a priority funding area. The board of county

4-11 commissioners may update the map periodically as it deems necessary.

4-12 2. The board of county commissioners of a county whose population

4-13 is less than 100,000 may prepare or cause to be prepared and update

4-14 periodically a map designating each area within the county that is a

4-15 priority funding area.

4-16 3. In preparing a map pursuant to this section, a board of county

4-17 commissioners shall designate as a priority funding area:

4-18 (a) An area within the county in which a sanitary sewer system

4-19 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 plan

4-22 or a zoning regulation adopted pursuant to NRS 278.260 as being

4-23 suitable for:

4-24 (I) Residential development at a density of at least 3 1/2 units per

4-25 acre; or

4-26 (II) Uses that are principally commercial or industrial in nature;

4-27 and

4-28 (2) For which:

4-29 (I) The construction of a sanitary sewer system is proposed in a

4-30 plan for capital improvements prepared pursuant to NRS 278.0226; or

4-31 (II) A local government has imposed an impact fee pursuant to

4-32 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 or

4-34 maintenance of infrastructure that is:

4-35 1. Made by an agency of this state or a political subdivision thereof;

4-36 or

4-37 2. Allocated or distributed by an agency of this state or a political

4-38 subdivision thereof on behalf of the Federal Government,

4-39 must be made available with a relative preference given to projects for

4-40 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 to

5-2 development, zoning, the subdivision of land or capital improvements

5-3 must conform to the master plan of the local government. In adopting an

5-4 ordinance or regulation relating to development, zoning, the subdivision

5-5 of land or capital improvements, the local government shall make a

5-6 specific finding that the ordinance or regulation conforms to the master

5-7 plan. Within 1 year after adopting or amending a master plan or any

5-8 portion thereof, a local government shall review and, if necessary, amend

5-9 its existing ordinances and regulations to ensure their conformity with

5-10 the provisions of the master plan. If an ordinance or regulation of a local

5-11 government relating to development, zoning, the subdivision of land or

5-12 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:

5-15 278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2

5-16 to 8, inclusive, of this act, unless the context otherwise requires, the words

5-17 and terms defined in NRS 278.0105 to 278.0195, inclusive, and sections 2

5-18 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:

5-20 278.150 1. The planning commission shall prepare and adopt a

5-21 comprehensive, long-term general plan for the physical development of the

5-22 city, county or region which in the commission’s judgment bears relation to

5-23 the planning thereof.

5-24 2. The plan must be known as the master plan, and must be so prepared

5-25 that [all] :

5-26 (a) The elements and policies set forth in the master plan are

5-27 integrated, consistent internally and compatible; and

5-28 (b) The entirety of the master plan or portions thereof, except as

5-29 provided in subsection 3, may be adopted by the governing body, as

5-30 provided in NRS 278.010 to 278.630, inclusive, as a basis for the

5-31 development of the city, county or region for such reasonable period of

5-32 time next ensuing after the adoption thereof as may practically be covered

5-33 thereby.

5-34 3. In counties whose population is 100,000 or more, if the governing

5-35 body of the city or county adopts only a portion of the master plan, it shall

5-36 include in that portion a conservation plan, a housing plan [and] , a land

5-37 use plan, a population plan and a transportation plan as provided in NRS

5-38 278.160.

5-39 Sec. 11. NRS 278.210 is hereby amended to read as follows:

5-40 278.210 1. Before adopting the master plan or any part of it, or any

5-41 substantial amendment thereof, the commission shall hold at least one

5-42 public hearing thereon, notice of the time and place of which shall be given

5-43 at least by one publication in a newspaper of general circulation in the city

6-1 or county, or in the case of a regional planning commission, by one

6-2 publication in a newspaper in each county within the regional district, at

6-3 least 10 days before the day of the hearing.

6-4 2. The adoption of the master plan, or of any amendment, extension or

6-5 addition thereof, shall be by resolution of the commission carried by the

6-6 affirmative votes of not less than two-thirds of the total membership of the

6-7 commission. The resolution shall refer expressly to the maps, descriptive

6-8 matter and other matter intended by the commission to constitute the plan

6-9 or any amendment, addition or extension thereof, and the action taken shall

6-10 be recorded on the map and plan and descriptive matter by the identifying

6-11 signatures of the secretary and chairman of the commission.

6-12 3. No plan or map, hereafter, shall have indicated thereon that it is a

6-13 part of the master plan until it shall have been adopted as part of the master

6-14 plan by the commission as herein provided for the adoption thereof,

6-15 whenever changed conditions or further studies by the commission require

6-16 such amendments, extension, or addition.

6-17 4. The commission shall not amend the master plan or any part

6-18 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 to

6-20 the master plan adopted by the planning commission of any city, county or

6-21 region shall be certified to the governing body of such city, county, or

6-22 region.

6-23 [5.] 6. An attested copy of any part, amendment, extension of or

6-24 addition to the master plan adopted by any regional planning commission

6-25 shall be certified to the county planning commission and to the board of

6-26 county commissioners of each county within the regional district.

6-27 Sec. 12. NRS 231.067 is hereby amended to read as follows:

6-28 231.067 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 in

6-31 doing so consider:

6-32 (a) The principles set forth in section 4 of this act; and

6-33 (b) The promotion of economic development within areas designated

6-34 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 this

6-37 state, except for travel and tourism, except that in a county whose

6-38 population is less than 35,000, the county may include community

6-39 development and the development of the nongaming recreation and tourism

6-40 industry in its economic development efforts.

6-41 3. Identify sources of financing and assist businesses and industries

6-42 which wish to locate in Nevada in obtaining financing.

7-1 4. Provide and administer grants of money to political subdivisions of

7-2 the state and to local or regional organizations for economic development

7-3 to assist them in promoting the advantages of their communities and in

7-4 recruiting businesses to relocate in those communities. Each recipient must

7-5 provide an amount of money, at least equal to the grant, for the same

7-6 purpose, except, in a county whose population is less than 35,000, the

7-7 commission may, if convinced that the recipient is financially unable to do

7-8 so, provide such a grant with less than equal matching money provided by

7-9 the recipient.

7-10 5. Encourage and assist state, county and city agencies in planning and

7-11 preparing projects for economic or industrial development and financing

7-12 those projects with revenue bonds.

7-13 6. Coordinate and assist the activities of counties, cities, local and

7-14 regional organizations for economic development and fair and recreation

7-15 boards in the state which affect industrial development, except for travel

7-16 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 of

7-18 the nongaming recreation and tourism industry in its economic

7-19 development efforts.

7-20 7. Arrange by cooperative agreements with local governments to serve

7-21 as the single agency in the state where relocating or expanding businesses

7-22 may obtain all required permits.

7-23 8. Promote close cooperation between public agencies and private

7-24 persons who have an interest in industrial development and diversification

7-25 in Nevada.

7-26 9. Organize and coordinate the activities of a group of volunteers

7-27 which will aggressively select and recruit businesses and industries,

7-28 especially small industries, to locate their offices and facilities in Nevada.

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