(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 63–Assemblyman Perkins

 

Prefiled February 2, 2001

 

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing maintenance of certain improvements in subdivisions and planned unit developments. (BDR 22‑994)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2    278.160  1.  The master plan, with the accompanying charts,

1-3  drawings, diagrams, schedules and reports, may include such of the

1-4  following subject matter or portions thereof as are appropriate to the city,

1-5  county or region, and as may be made the basis for the physical

1-6  development thereof:

1-7    (a) Community design. Standards and principles governing the

1-8  subdivision of land and suggestive patterns for community design and

1-9  development.

1-10    (b) Conservation plan. For the conservation, development and

1-11  utilization of natural resources, including , without limitation, water and its

1-12  hydraulic force, underground water, water supply, forests, soils, rivers and

1-13  other waters, harbors, fisheries, wildlife, minerals and other natural

1-14  resources. The plan must also cover the reclamation of land and waters,

1-15  flood control, prevention and control of the pollution of streams and other

1-16  waters, regulation of the use of land in stream channels and other areas

1-17  required for the accomplishment of the conservation plan, prevention,

1-18  control and correction of the erosion of soils through proper clearing,

1-19  grading and landscaping, beaches and shores, and protection of watersheds.

1-20  The plan must also indicate the maximum tolerable level of air pollution.

2-1    (c) Economic plan. Showing recommended schedules for the allocation

2-2  and expenditure of public money in order to provide for the economical

2-3  and timely execution of the various components of the plan.

2-4    (d) Historical properties preservation plan. An inventory of significant

2-5  historical, archaeological and architectural properties as defined by a city,

2-6  county or region, and a statement of methods to encourage the preservation

2-7  of those properties.

2-8    (e) Housing plan. The housing plan must include [, but is not limited

2-9  to:], without limitation:

2-10      (1) An inventory of housing conditions, needs and plans and

2-11  procedures for improving housing standards and for providing adequate

2-12  housing.

2-13      (2) An inventory of affordable housing in the community.

2-14      (3) An analysis of the demographic characteristics of the community.

2-15      (4) A determination of the present and prospective need for

2-16  affordable housing in the community.

2-17      (5) An analysis of any impediments to the development of affordable

2-18  housing and the development of policies to mitigate those impediments.

2-19      (6) An analysis of the characteristics of the land that is the most

2-20  appropriate for the construction of affordable housing.

2-21      (7) An analysis of the needs and appropriate methods for the

2-22  construction of affordable housing or the conversion or rehabilitation of

2-23  existing housing to affordable housing.

2-24      (8) A plan for maintaining and developing affordable housing to meet

2-25  the housing needs of the community.

2-26    (f) Land use plan. An inventory and classification of types of natural

2-27  land and of existing land cover and uses, and comprehensive plans for the

2-28  most desirable utilization of land. The land use plan may include a

2-29  provision concerning the acquisition and use of land that is under federal

2-30  management within the city, county or region, including, without

2-31  limitation, a plan or statement of policy prepared pursuant to NRS

2-32  321.7355.

2-33    (g) Population plan. An estimate of the total population which the

2-34  natural resources of the city, county or region will support on a continuing

2-35  basis without unreasonable impairment.

2-36    (h) Public buildings. Showing locations and arrangement of civic

2-37  centers and all other public buildings, including the architecture thereof

2-38  and the landscape treatment of the grounds thereof.

2-39    (i) Public services and facilities. Showing general plans for sewage,

2-40  drainage and utilities, and rights of way, easements and facilities therefor,

2-41  including , without limitation, any utility projects required to be reported

2-42  pursuant to NRS 278.145.

2-43    (j) Recreation plan. Showing a comprehensive system of recreation

2-44  areas, including , without limitation, natural reservations, parks, parkways,

2-45  trails, reserved riverbank strips, beaches, playgrounds and other recreation

2-46  areas, including, when practicable, the locations and proposed development

2-47  thereof.

3-1    (k) Rural neighborhoods preservation plan. In any county whose

3-2  population is 400,000 or more, showing general plans to preserve the

3-3  character and density of rural neighborhoods.

3-4    (l) Safety plan. In any county whose population is 400,000 or more,

3-5  identifying potential types of natural and man-made hazards, including ,

3-6  without limitation, hazards from floods, landslides or fires, or resulting

3-7  from the manufacture, storage, transfer or use of bulk quantities of

3-8  hazardous materials. The plan may set forth policies for avoiding or

3-9  minimizing the risks from those hazards.

3-10    (m) School facilities plan. Showing the general locations of current and

3-11  future school facilities based upon information furnished by the appropriate

3-12  local school district.

3-13    (n) Seismic safety plan. Consisting of an identification and appraisal of

3-14  seismic hazards such as susceptibility to surface ruptures from faulting, to

3-15  ground shaking or to ground failures.

3-16    (o) Solid waste disposal plan. Showing general plans for the disposal of

3-17  solid waste.

3-18    (p) Streets and highways plan. Showing the general locations and

3-19  widths of a comprehensive system of major traffic thoroughfares and other

3-20  traffic ways and of streets and the recommended treatment thereof,

3-21  building line setbacks, and a system of naming or numbering streets and

3-22  numbering houses, with recommendations concerning proposed changes.

3-23    (q) Transit plan. Showing a proposed system of transit lines, including

3-24  rapid transit, streetcar, motorcoach and trolley coach lines and related

3-25  facilities.

3-26    (r) Transportation plan. Showing a comprehensive transportation

3-27  system, including , without limitation, locations of rights of way,

3-28  terminals, viaducts and grade separations. The plan may also include port,

3-29  harbor, aviation and related facilities.

3-30    2.  The commission may prepare and adopt, as part of the master plan,

3-31  other and additional plans and reports dealing with such other subjects as

3-32  may in its judgment relate to the physical development of the city, county

3-33  or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

3-34  prohibits the preparation and adoption of any such subject as a part of the

3-35  master plan.

3-36    Sec. 2.  NRS 278.4781 is hereby amended to read as follows:

3-37    278.4781  1.  “Landscaping” means trees, shrubs, grass and other

3-38  ornamentation, whether or not natural or artificial, [and] located:

3-39    (a) On the perimeter of a development or subdivision.

3-40    (b) On a median strip on the perimeter of a development or

3-41  subdivision.

3-42    2.  The term includes drainage necessary for the maintenance [thereof.]

3-43  of the landscaping described in subsection 1.

3-44    Sec. 3.  NRS 278.4787 is hereby amended to read as follows:

3-45    278.4787  1.  [A] Except as otherwise provided in subsection 5, a

3-46  person who proposes to divide land for transfer or development into four or

3-47  more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A

3-48  of NRS, may, in lieu of providing for the creation of an association for a

3-49  common-interest community, request the governing body of the

4-1  jurisdiction in which the land is located to assume the maintenance of one

4-2  or more of the following improvements located on the land:

4-3    (a) Landscaping;

4-4    (b) Public lighting; [and]

4-5    (c) Security walls [.

4-6    2.  A request made] ; and

4-7    (d) Trails, parks and open space which provide a substantial public

4-8  benefit or which are required by the governing body for the primary use

4-9  of the public.

4-10    2.  A governing body shall establish by ordinance a procedure

4-11  pursuant to which a request may be submitted pursuant to subsection 1

4-12  [must be made] in the form of a petition , which must be signed by a

4-13  majority of the owners whose property will be assessed [pursuant to

4-14  subsection 3] and which must set forth descriptions of all tracts of land or

4-15  residential units that would be subject to such an assessment.

4-16    3.  [Upon receipt of the petition,] The governing body may by

4-17  ordinance designate a person to approve or disapprove a petition

4-18  submitted pursuant to this section. If the governing body adopts such an

4-19  ordinance, the ordinance must provide, without limitation:

4-20    (a) Procedures pursuant to which the petition must be reviewed to

4-21  determine whether it would be desirable for the governing body to

4-22  assume the maintenance of the proposed improvements.

4-23    (b) Procedures for the establishment of a maintenance district or unit

4-24  of assessment.

4-25    (c) A method for:

4-26      (1) Determining the relative proportions in which the assumption of

4-27  the maintenance of the proposed improvements by the governing body

4-28  will:

4-29        (I) Benefit the development or subdivision in which the

4-30  improvements are located; and

4-31        (II) Benefit the public;

4-32      (2) Assessing the tracts of land or residential units in the

4-33  development or subdivision to pay the costs that will be incurred by the

4-34  governing body in assuming the maintenance of the proposed

4-35  improvements, in the proportion that such maintenance will benefit the

4-36  development or subdivision in which the improvements are located; and

4-37      (3) Allocating an amount of public money to pay the costs that will

4-38  be incurred by the governing body in assuming the maintenance of the

4-39  proposed improvements, in the proportion that such maintenance will

4-40  benefit the public.

4-41    (d) Procedures for a petitioner or other aggrieved person to appeal to

4-42  the governing body a decision of the person designated by the governing

4-43  body by ordinance adopted pursuant to this subsection to approve or

4-44  disapprove a petition.

4-45    4.  If the governing body does not designate by an ordinance adopted

4-46  pursuant to subsection 3 a person to approve or disapprove a petition, the

4-47  governing body shall , after receipt of a complete petition submitted at

4-48  least 120 days before the approval of the final map for the land, hold a

4-49  public hearing at least 90 days before the approval of the final map for

5-1  the land, unless otherwise waived by the governing body, to determine the

5-2  desirability of assuming the maintenance of the proposed improvements. If

5-3  the governing body determines that it would be undesirable for the

5-4  governing body to assume the maintenance of the proposed

5-5  improvements, the governing body shall specify for the record its reasons

5-6  for that determination. If the governing body determines that it would be

5-7  desirable for the governing body to assume the maintenance of the

5-8  proposed improvements, the governing body shall by ordinance:

5-9    (a) Determine the relative proportions in which the assumption of the

5-10  maintenance of the proposed improvements by the governing body will:

5-11      (1) Benefit the development or subdivision in which the

5-12  improvements are located; and

5-13      (2) Benefit the public.

5-14    (b) Create a maintenance district or unit of assessment consisting of the

5-15  tracts of land or residential units set forth in the petition [.

5-16    (b)] or include the tracts of land or residential units set forth in the

5-17  petition in an existing maintenance district or unit of assessment.

5-18    (c) Establish the method or, if the tracts or units are included within

5-19  an existing maintenance district or unit of assessment, apply an existing

5-20  method for determining [the] :

5-21      (1) The amount of an assessment [for the cost of the maintenance

5-22  assumed] to pay the costs that will be incurred by the governing body [and

5-23  the] in assuming the maintenance of the proposed improvements. The

5-24  amount of the assessment must be determined in accordance with the

5-25  proportion to which such maintenance will benefit the development or

5-26  subdivision in which the improvements are located.

5-27      (2) The time and manner of payment of the assessment.

5-28    [(c)] (d) Provide that the assessment constitutes a lien upon the tracts of

5-29  land or residential units [thereon.] within the maintenance district or unit

5-30  of assessment. The lien must be executed, and has the same priority, as a

5-31  lien for property taxes.

5-32    [(d)] (e) Prescribe the levels of maintenance to be provided.

5-33    [(e) Determine the amount by which the public interest will benefit

5-34  from the provision of the maintenance and allocate]

5-35    (f) Allocate to the cost of providing the maintenance the appropriate

5-36  amount of public money to pay for that part of the maintenance which

5-37  creates the public benefit.

5-38    [(f)] (g) Address any other matters that the governing body determines

5-39  to be relevant to the maintenance of the improvements [.

5-40    4.] , including, without limitation, matters relating to the ownership of

5-41  the improvements and the land on which the improvements are located

5-42  and any exposure to liability associated with the maintenance of the

5-43  improvements.

5-44    5.  If the governing body requires an owner of land to dedicate a tract

5-45  of land as a trail identified in the recreation plan of the governing body

5-46  adopted pursuant to paragraph (j) of subsection 1 of NRS 278.160, the

5-47  governing body shall:

5-48    (a) Accept ownership of the tract; and

6-1    (b) Assume the maintenance of the tract and any other improvement

6-2  located on the land that is authorized in subsection 1.

6-3    6.  The governing body shall record, in the office of the county

6-4  recorder for the county in which the tracts of land or residential units

6-5  included in a petition approved pursuant to this section are located, a

6-6  notice of the creation of the maintenance district or unit of assessment

6-7  that is sufficient to advise the owners of the tracts of land or residential

6-8  units that the tracts of land or residential units are subject to the

6-9  assessment. The costs of recording the notice must be paid by the

6-10  petitioner.

6-11    7.  The provisions of this section apply retroactively to a development

6-12  or subdivision with respect to which:

6-13    (a) An agreement or agreements between the owners of tracts of land

6-14  within the development or subdivision and the developer allow for the

6-15  provision of services in the manner set forth in this section; or

6-16    (b) [All of the] The owners of affected tracts of land or residential units

6-17  agree [in writing to be bound by the provisions of] to dissolve the

6-18  association for their common-interest community in accordance with the

6-19  governing documents of the common-interest community upon approval

6-20  by the governing body of a petition filed by the owners pursuant to this

6-21  section.

6-22    Sec. 4.  Notwithstanding the amendatory provisions of subsection 2 of

6-23  NRS 278.4787, a governing body shall adopt the ordinance required

6-24  pursuant to that subsection on or before October 1, 2001.

6-25    Sec. 5.  This act becomes effective upon passage and approval.

 

6-26  H