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

 

CHAPTER..........

 

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:

 

    Section 1.  Chapter 278 of NRS is hereby amended by adding

 thereto a new section to read as follows:

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

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

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

 building permit.

    2.  The provisions of subsection 1 do not prohibit:

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

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

 conditions of a discretionary approval, including, without

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

 or

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

 imposes by ordinance with respect to a broad class of owners of

 land.

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

    278.010  As used in NRS 278.010 to 278.630, inclusive, and

 section 1 of this act, unless the context otherwise requires, the

 words and terms defined in NRS 278.0105 to 278.0195, inclusive,

 have the meanings ascribed to them in those sections.

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

    278.462  The governing body or, if authorized by the governing

 body, the planning commission or other authorized person:

    1.  May require street grading, drainage provisions and lot

 designs as are reasonably necessary.

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

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

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

 surfacing and width, water quality, water supply and sewerage

 provisions [as are reasonably] only as necessary and consistent with

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

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

1 acre, the governing body or, if authorized by the governing body,

 the planning commission or other authorized person may require

 additional improvements which are reasonably necessary and

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

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

    (a) A single parcel; or

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

may require any reasonable improvement, but not more than would

 be required if the parcel were a subdivision.

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

 

²⁰~~~~~⁰³