2001 REGULAR SESSION (71st) A AB63 391
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 5, following the enacting clause, to read 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.
(c) Economic plan. Showing recommended schedules for the allocation 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]
(c) Security walls [.
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.
(c) A method for:
(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.
(c) Establish the method or, if the tracts or units are included within 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.”.
Amend the title of the bill to read as follows:
“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.”.
Amend the summary of the bill to read as follows: