AB63_EN

Assembly Bill No. 63–Assemblyman Perkins

CHAPTER..........

AN ACT relating to real property; revising the provisions governing the maintenance of certain improvements in subdivisions and planned unit developments; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 278.160 is hereby amended to read as follows:

278.160 1. The master plan, with the accompanying charts,

drawings, diagrams, schedules and reports, may include such of the

following subject matter or portions thereof as are appropriate to the city,

county or region, and as may be made the basis for the physical

development thereof:

(a) Community design. Standards and principles governing the

subdivision of land and suggestive patterns for community design and

development.

(b) Conservation plan. For the conservation, development and

utilization of natural resources, including , without limitation, water and

its hydraulic force, underground water, water supply, forests, soils, rivers

and other waters, harbors, fisheries, wildlife, minerals and other natural

resources. The plan must also cover the reclamation of land and waters,

flood control, prevention and control of the pollution of streams and other

waters, regulation of the use of land in stream channels and other areas

required for the accomplishment of the conservation plan, prevention,

control and correction of the erosion of soils through proper clearing,

grading and landscaping, beaches and shores, and protection of

watersheds. The plan must also indicate the maximum tolerable level of

air pollution.

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

and timely execution of the various components of the plan.

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

historical, archaeological and architectural properties as defined by a city,

county or region, and a statement of methods to encourage the

preservation of those properties.

(e) Housing plan. The housing plan must include [, but is not limited

to:], without limitation:

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

procedures for improving housing standards and for providing adequate

housing.

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

(3) An analysis of the demographic characteristics of the community.

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

affordable housing in the community.

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

housing and the development of policies to mitigate those impediments.

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

appropriate for the construction of affordable housing.

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

construction of affordable housing or the conversion or rehabilitation of

existing housing to affordable housing.

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

the housing needs of the community.

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

land and of existing land cover and uses, and comprehensive plans for the

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

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

management within the city, county or region, including, without

limitation, a plan or statement of policy prepared pursuant to NRS

321.7355.

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

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

basis without unreasonable impairment.

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

centers and all other public buildings, including the architecture thereof

and the landscape treatment of the grounds thereof.

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

drainage and utilities, and rights of way, easements and facilities therefor,

including , without limitation, any utility projects required to be reported

pursuant to NRS 278.145.

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

areas, including , without limitation, natural reservations, parks,

parkways, trails, reserved riverbank strips, beaches, playgrounds and other

recreation areas, including, when practicable, the locations and proposed

development thereof.

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

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

character and density of rural neighborhoods.

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

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

without limitation, hazards from floods, landslides or fires, or resulting

from the manufacture, storage, transfer or use of bulk quantities of

hazardous materials. The plan may set forth policies for avoiding or

minimizing the risks from those hazards.

(m) School facilities plan. Showing the general locations of current and

future school facilities based upon information furnished by the

appropriate local school district.

(n) Seismic safety plan. Consisting of an identification and appraisal of

seismic hazards such as susceptibility to surface ruptures from faulting, to

ground shaking or to ground failures.

(o) Solid waste disposal plan. Showing general plans for the disposal of

solid waste.

(p) Streets and highways plan. Showing the general locations and

widths of a comprehensive system of major traffic thoroughfares and other

traffic ways and of streets and the recommended treatment thereof,

building line setbacks, and a system of naming or numbering streets and

numbering houses, with recommendations concerning proposed changes.

(q) Transit plan. Showing a proposed system of transit lines, including

rapid transit, streetcar, motorcoach and trolley coach lines and related

facilities.

(r) Transportation plan. Showing a comprehensive transportation

system, including , without limitation, locations of rights of way,

terminals, viaducts and grade separations. The plan may also include port,

harbor, aviation and related facilities.

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

other and additional plans and reports dealing with such other subjects as

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

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

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

master plan.

Sec. 2. NRS 278.4781 is hereby amended to read as follows:

278.4781 1. “Landscaping” means trees, shrubs, grass and other

ornamentation, whether or not natural or artificial, [and] located:

(a) On the perimeter of a development or subdivision.

(b) On a median strip on the perimeter of a development or

subdivision.

2. The term includes drainage necessary for the maintenance [thereof.]

of the landscaping described in subsection 1.

Sec. 3. NRS 278.4787 is hereby amended to read as follows:

278.4787 1. [A] Except as otherwise provided in subsection 5, a

person who proposes to divide land for transfer or development into four

or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter

278A of NRS, may, in lieu of providing for the creation of an association

for a common-interest community, request the governing body of the

jurisdiction in which the land is located to assume the maintenance of one

or more of the following improvements located on the land:

(a) Landscaping;

(b) Public lighting; [and]

2. A request made] ; and

(d) Trails, parks and open space which provide a substantial public

benefit or which are required by the governing body for the primary use

of the public.

2. A governing body shall establish by ordinance a procedure

pursuant to which a request may be submitted pursuant to subsection 1

[must be made] in the form of a petition , which must be signed by a

majority of the owners whose property will be assessed [pursuant to

subsection 3] and which must set forth descriptions of all tracts of land or

residential units that would be subject to such an assessment.

3. [Upon receipt of the petition,] The governing body may by

ordinance designate a person to approve or disapprove a petition

submitted pursuant to this section. If the governing body adopts such an

ordinance, the ordinance must provide, without limitation:

(a) Procedures pursuant to which the petition must be reviewed to

determine whether it would be desirable for the governing body to

assume the maintenance of the proposed improvements.

(b) Procedures for the establishment of a maintenance district or unit

of assessment.

(1) Determining the relative proportions in which the assumption of

the maintenance of the proposed improvements by the governing body

will:

(I) Benefit the development or subdivision in which the

improvements are located; and

(II) Benefit the public;

(2) Assessing the tracts of land or residential units in the

development or subdivision to pay the costs that will be incurred by the

governing body in assuming the maintenance of the proposed

improvements, in the proportion that such maintenance will benefit the

development or subdivision in which the improvements are located; and

(3) Allocating an amount of public money to pay the costs that will

be incurred by the governing body in assuming the maintenance of the

proposed improvements, in the proportion that such maintenance will

benefit the public.

(d) Procedures for a petitioner or other aggrieved person to appeal to

the governing body a decision of the person designated by the governing

body by ordinance adopted pursuant to this subsection to approve or

disapprove a petition.

4. If the governing body does not designate by an ordinance adopted

pursuant to subsection 3 a person to approve or disapprove a petition,

the governing body shall , after receipt of a complete petition submitted at

least 120 days before the approval of the final map for the land, hold a

public hearing at least 90 days before the approval of the final map for

the land, unless otherwise waived by the governing body, to determine

the desirability of assuming the maintenance of the proposed

improvements. If the governing body determines that it would be

undesirable for the governing body to assume the maintenance of the

proposed improvements, the governing body shall specify for the record

its reasons for that determination. If the governing body determines that

it would be desirable for the governing body to assume the maintenance

of the proposed improvements, the governing body shall by ordinance:

(a) Determine the relative proportions in which the assumption of the

maintenance of the proposed improvements by the governing body will:

(1) Benefit the development or subdivision in which the

improvements are located; and

(2) Benefit the public.

(b) Create a maintenance district or unit of assessment consisting of the

tracts of land or residential units set forth in the petition [.

(b)] or include the tracts of land or residential units set forth in the

petition in an existing maintenance district or unit of assessment.

an existing maintenance district or unit of assessment, apply an existing

method for determining [the] :

(1) The amount of an assessment [for the cost of the maintenance

assumed] to pay the costs that will be incurred by the governing body [and

the] in assuming the maintenance of the proposed improvements. The

amount of the assessment must be determined in accordance with the

proportion to which such maintenance will benefit the development or

subdivision in which the improvements are located.

(2) The time and manner of payment of the assessment.

[(c)] (d) Provide that the assessment constitutes a lien upon the tracts of

land or residential units [thereon.] within the maintenance district or unit

of assessment. The lien must be executed, and has the same priority, as a

lien for property taxes.

[(d)] (e) Prescribe the levels of maintenance to be provided.

[(e) Determine the amount by which the public interest will benefit

from the provision of the maintenance and allocate]

(f) Allocate to the cost of providing the maintenance the appropriate

amount of public money to pay for that part of the maintenance which

creates the public benefit.

[(f)] (g) Address any other matters that the governing body determines

to be relevant to the maintenance of the improvements [.

4.] , including, without limitation, matters relating to the ownership of

the improvements and the land on which the improvements are located

and any exposure to liability associated with the maintenance of the

improvements.

5. If the governing body requires an owner of land to dedicate a tract

of land as a trail identified in the recreation plan of the governing body

adopted pursuant to paragraph (j) of subsection 1 of NRS 278.160, the

governing body shall:

(a) Accept ownership of the tract; and

(b) Assume the maintenance of the tract and any other improvement

located on the land that is authorized in subsection 1.

6. The governing body shall record, in the office of the county

recorder for the county in which the tracts of land or residential units

included in a petition approved pursuant to this section are located, a

notice of the creation of the maintenance district or unit of assessment

that is sufficient to advise the owners of the tracts of land or residential

units that the tracts of land or residential units are subject to the

assessment. The costs of recording the notice must be paid by the

petitioner.

7. The provisions of this section apply retroactively to a development

or subdivision with respect to which:

(a) An agreement or agreements between the owners of tracts of land

within the development or subdivision and the developer allow for the

provision of services in the manner set forth in this section; or

(b) [All of the] The owners of affected tracts of land or residential units

agree [in writing to be bound by the provisions of] to dissolve the

association for their common-interest community in accordance with the

governing documents of the common-interest community upon approval

by the governing body of a petition filed by the owners pursuant to this

section.

Sec. 4. Notwithstanding the amendatory provisions of subsection 2 of

NRS 278.4787, a governing body shall adopt the ordinance required

pursuant to that subsection on or before October 1, 2001.

Sec. 5. This act becomes effective upon passage and approval.

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