Assembly Bill No. 314-Assemblymen Lambert, Humke, Gustavson, Sandoval, Hickey, Freeman, Evans and Anderson
March 27, 1997
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Referred to Committee on Government Affairs
SUMMARY--Revises provisions relating to annexation of land in certain counties. (BDR 21-840)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to cities; revising the requirements regarding land proposed for annexation in certain counties; requiring any extension of the sphere of influence of a political subdivision in certain counties to be contiguous to the existing area of the sphere of influence; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 268.6255 is hereby amended to read as follows:
268.6255 1. The land proposed for annexation by a certified program of annexation must be contiguous on at least 15 percent of its aggregate external boundaries to the annexing city unless:
(a) The proposal is a voluntary annexation;
(b) The timing of the proposal is consistent with the certified program of annexation; [and]
(c) The services and facilities required for the development of the land proposed for annexation will be provided upon annexation [.] ; and
(d) The land proposed for annexation is in a joint planning area subject to an adopted master plan pursuant to NRS 278.02786 and 278.02788.
2. The annexation of the land must not have the effect of creating an island of 40 acres or less.
3. As used in this section, "contiguous" means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation, or by lands owned by the annexing municipality.
Sec. 2 NRS 268.670 is hereby amended to read as follows:
268.6701. As an alternative to the procedures for initiation of annexation proceedings set forth in NRS 268.610 to 268.668, inclusive, the governing body of a city may, subject to the provisions of NRS 268.663 and after notifying the board of county commissioners of the county in which the city lies of its intention, annex [:
(a) Contiguous] territory that is contiguous on at least 15 percent of its aggregate external boundaries to the city if:
(a) The territory is owned in fee by the city [.] ; or
(b) [Other contiguous territory if 100] One hundred percent of the owners of record of individual lots or parcels of land within [such area] the territory sign a petition requesting the governing body to annex [such area] the territory to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing [such area] the territory and to take such other action as is necessary and appropriate to accomplish such annexation.
2. For the purposes of this section, "contiguous" means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation, or by lands owned by the annexing municipality . [, by some other political subdivision of the state or by the State of Nevada.]
Sec. 3 NRS 278.0274 is hereby amended to read as follows:
278.0274The comprehensive regional plan must include goals, policies, maps and other documents relating to:
1. Population, including a projection of population growth in the region and the resources that will be necessary to support that population.
2. Conservation, including policies relating to the use and protection of air, land, water, and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.
3. Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must allow for a variety of uses, describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses and must be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.
4. Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and ground-water aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction, identify the providers of public services within the region and the area within which each must serve, including service territories set by the public service commission of Nevada for public utilities, and must establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development.
5. Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. Any expansion of or addition to a sphere of influence of such a political subdivision must be contiguous on at least 15 percent of its aggregate external boundaries to the existing area of the sphere of influence. As used in this subsection [, "sphere] :
(a) "Contiguous" means either abutting directly on the boundary of the annexing municipality or on the existing area of a sphere of influence or separated from the boundary or area thereof by a street, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation, or by lands owned by the annexing municipality.
(b) "Sphere of influence" means an area into which a political subdivision may expand in the foreseeable future.
6. Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.
7. Any utility project required to be reported pursuant to NRS 278.145.