(Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 427–Assemblymen Hettrick, Knecht, Gibbons, Angle, Beers, Brown, Grady, Hardy, Mabey, Marvel, Sherer and Weber

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes with respect to requirements relating to land use that may be imposed by governing body. (BDR 22‑1050)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to land use planning; prohibiting a governing body from requiring that an owner of land dedicate real property or an interest therein as a condition precedent to the issuance of a building permit; setting forth certain exceptions; restricting the circumstances pursuant to which a governing body may impose certain requirements pertaining to land use; 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

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 2, a governing

1-4  body shall not require an owner of land to dedicate real property

1-5  or any interest in real property as a condition for the issuance of a

1-6  building permit.

1-7  2.  The provisions of subsection 1 do not prohibit:

1-8  (a) A governing body from requiring, before the issuance of a

1-9  building permit, that an owner of land comply with any applicable

1-10  conditions of a discretionary approval, including, without

2-1  limitation, a special use permit, that has been granted previously;

2-2  or

2-3  (b) The application of any requirements that a governing body

2-4  imposes by ordinance with respect to a broad class of owners of

2-5  land.

2-6  Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-7  278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-8  section 1 of this act, unless the context otherwise requires, the

2-9  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-10  have the meanings ascribed to them in those sections.

2-11      Sec. 3.  NRS 278.462 is hereby amended to read as follows:

2-12      278.462  The governing body or, if authorized by the governing

2-13  body, the planning commission or other authorized person:

2-14      1.  May require street grading, drainage provisions and lot

2-15  designs as are reasonably necessary.

2-16      2.  If it anticipates , based upon duly adopted ordinances and

2-17  plans, that the parcels will be used for residential, commercial or

2-18  industrial purposes, may require off-site access, street alignment,

2-19  surfacing and width, water quality, water supply and sewerage

2-20  provisions [as are reasonably] only as necessary and consistent with

2-21  the existing use of any land zoned for similar use which is within

2-22  660 feet of the proposed parcel. If the proposed parcels are less than

2-23  1 acre, the governing body or, if authorized by the governing body,

2-24  the planning commission or other authorized person may require

2-25  additional improvements which are reasonably necessary and

2-26  consistent with the use of the land if it is developed as proposed.

2-27      3.  For a second or subsequent parcel map with respect to:

2-28      (a) A single parcel; or

2-29      (b) A contiguous tract of land under the same ownership,

2-30  may require any reasonable improvement, but not more than would

2-31  be required if the parcel were a subdivision.

2-32      Sec. 4.  This act becomes effective on July 1, 2003.

 

2-33  H