Assembly Bill No. 424–Assemblymen Freeman, Gibbons,
Humke, Leslie, Evans and Anderson
March 8, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes to process of regional planning in certain counties. (BDR 22-1362)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 thereto1-2
the provisions set forth as sections 2, 3 and 4 of this act.1-3
Sec. 2. 1. Each action taken by a local government relating to1-4
development, zoning, the subdivision of land or capital improvements1-5
must conform to the comprehensive regional plan. In adopting an1-6
ordinance or regulation relating to development, zoning, the subdivision1-7
of land or capital improvements, a local government shall make a1-8
specific finding that the ordinance or regulation conforms to the1-9
comprehensive regional plan. Within 1 year after the adoption of the1-10
comprehensive regional plan by the governing board pursuant to NRS2-1
278.0276, and at least once every 5 years thereafter, a local government2-2
shall review and, if necessary, amend its existing ordinances and2-3
regulations to ensure their conformity with the provisions of the2-4
comprehensive regional plan. If an ordinance or regulation adopted by a2-5
local government is inconsistent with a provision of the comprehensive2-6
regional plan, the provision of the comprehensive regional plan controls.2-7
2. The regional planning commission shall adopt regulations2-8
concerning the resolution of disputes between persons, local governments2-9
and the regional planning commission regarding whether an action2-10
taken by or an ordinance or resolution adopted by a local government2-11
conforms to the provisions of the comprehensive regional plan as2-12
required pursuant to subsection 1.2-13
Sec. 3. 1. In addition to the elements that must be included within2-14
the comprehensive regional plan pursuant to NRS 278.0274, the regional2-15
planning commission may add to the comprehensive regional plan maps2-16
and other documents that depict separately each area within the region2-17
in which a full range of urban services:2-18
(a) Is provided;2-19
(b) Is not provided but will be provided within the next 20 years; or2-20
(c) Is not provided and will not be provided within the next 20 years.2-21
2. If the regional planning commission adds to the comprehensive2-22
regional plan the maps and other documents described in subsection 1,2-23
the regional planning commission shall, at least once every 5 years,2-24
review and revise the maps and other documents as it determines to be2-25
necessary.2-26
3. As used in this section, a "full range of urban services" is provided2-27
in an area if each of the following is provided in the area:2-28
(a) A community water system, as that term is defined in NRS2-29
349.980;2-30
(b) A sewer system;2-31
(c) Public transportation;2-32
(d) Police, fire and ambulance service;2-33
(e) A drainage system; and2-34
(f) Streets and roads.2-35
Sec. 4. 1. The advisory committee on plans for capital2-36
improvements is hereby created. The committee consists of:2-37
(a) The director of public works of the county or his designee;2-38
(b) The chairman of the water planning commission of the county or2-39
his designee;2-40
(c) The executive director or other chief executive officer of the2-41
regional transportation commission of the county or his designee; and2-42
(d) The superintendent of schools of the county school district or his2-43
designee.3-1
2. The advisory committee on plans for capital improvements shall3-2
advise and assist the regional planning commission in regard to the3-3
preparation of the summary required pursuant to paragraph (d) of3-4
subsection 5 of NRS 278.0274.3-5
Sec. 5. NRS 278.0226 is hereby amended to read as follows: 278.0226 The governing body of each local government whose budget3-7
includes any expenditure for the acquisition or maintenance of a capital3-8
improvement shall annually prepare a plan for capital improvements which3-9
conforms with its master plan and which includes at least the 3 ensuing3-10
fiscal years but not more than3-11
improvements must identify:3-12
1. Costs that the local government expects to incur; and3-13
2. Sources of revenue that the local government will use,3-14
to acquire, maintain, operate and replace capital improvements.3-15
Sec. 6. NRS 278.026 is hereby amended to read as follows: 278.026 As used in NRS 278.026 to 278.029, inclusive, and sections3-17
2, 3 and 4 of this act, unless the context otherwise requires:3-18
1. "Affected entity" means a public utility, franchise holder, local or3-19
regional agency, university, community college or any other entity having3-20
responsibility for planning or providing public facilities relating to3-21
transportation, solid waste, energy generation and transmission,3-22
conventions and the promotion of tourism, air quality or public education.3-23
The term does not include:3-24
(a) A state agency; or3-25
(b) A public utility which is subject to regulation by the public utilities3-26
commission of Nevada.3-27
2. "Facilities plan" means a plan for the development of public3-28
facilities which will have a regional impact or which will aid in3-29
accomplishing regional goals relating to transportation, solid waste, energy3-30
generation and transmission, conventions and the promotion of tourism, air3-31
quality or public education. The term does not include a plan for the3-32
development of a specific site or regulations adopted by an affected entity3-33
to implement the comprehensive regional plan.3-34
3. "Governing board" means the governing board for regional3-35
planning created pursuant to NRS 278.0264.3-36
4. "Joint planning area" means an area that is the subject of common3-37
study and planning by the governing body of a county and one or more3-38
cities.3-39
5. "Project of regional significance," with respect to a project proposed3-40
by any person other than a public utility, means a project which:4-1
(a) Has been identified in the guidelines of the regional planning4-2
commission as a project which will result in the loss or significant4-3
degradation of a designated historic, archeological, cultural or scenic4-4
resource;4-5
(b) Has been identified in the guidelines of the regional planning4-6
commission as a project which will result in the creation of significant new4-7
geothermal or mining operations;4-8
(c) Has been identified in the guidelines of the regional planning4-9
commission as a project which will have a significant effect on the natural4-10
resources, public services, public facilities or the adopted regional form of4-11
the region; or4-12
(d) Will require a change in zoning, a special use permit, an amendment4-13
to a master plan, a tentative map or other approval for the use of land4-14
which, if approved, will have an effect on the region of increasing:4-15
(1) Employment by not less than 938 employees;4-16
(2) Housing by not less than 625 units;4-17
(3) Hotel accommodations by not less than 625 rooms;4-18
(4) Sewage by not less than 187,500 gallons per day;4-19
(5) Water usage by not less than 625 acre feet per year; or4-20
(6) Traffic by not less than an average of 6,250 trips daily.4-21
The term does not include any project for which a request for an4-22
amendment to a master plan, a change in zoning, a tentative map or a4-23
special use permit has been approved by the local planning commission4-24
before June 17, 1989.4-25
6. "Project of regional significance," with respect to a project proposed4-26
by a utility, includes:4-27
(a) An electric substation;4-28
(b) A transmission line that carries 60 kilovolts or more;4-29
(c) A facility that generates electricity greater than 5 megawatts;4-30
(d) Natural gas storage and peak shaving facilities; and4-31
(e) Gas regulator stations and mains that operate over 100 pounds per4-32
square inch.4-33
7. "Sphere of influence" means an area into which a city plans to4-34
expand as designated in the comprehensive regional plan within the time4-35
designated in the comprehensive regional plan.4-36
Sec. 7. NRS 278.0262 is hereby amended to read as follows: 278.0262 1. There is hereby created in each county whose4-38
population is 100,000 or more but less than 400,000, a regional planning4-39
commission consisting of4-40
4-41
(a) One member from the local planning commission of each4-42
the two largest cities in the county ,4-43
appointed by the respective governing bodies of those cities;5-1
(b) One member from the local planning commission of5-2
5-3
5-4
5-5
appointed by the governing body of the county,5-6
who must reside in the unincorporated5-7
(c) One member to represent the interests of transportation in the5-8
county, appointed by the regional transportation commission;5-9
(d) One member who is a member of the water planning commission5-10
of the county, created pursuant to NRS 540A.080, appointed by the5-11
governing body of the county;5-12
(e) One member to represent the interests of the schools in the county,5-13
appointed by the board of trustees of the county school district;5-14
(f) One member to represent the interests relating to the control of air5-15
pollution in the county, appointed by the district health department;5-16
(g) One member to represent the interests of affordable housing in the5-17
county, appointed by the governing board for regional planning;5-18
(h) One member to represent the interests of tourism and economic5-19
development in the county, appointed by the governing board for5-20
regional planning;5-21
(i) One member to represent the interests of parks, recreation and5-22
open space in the county, appointed by the governing board for regional5-23
planning; and5-24
(j) One member to represent the interests of health and human5-25
services in the county, appointed by the governing board for regional5-26
planning.5-27
2. Except for the terms of the initial members of the commission, the5-28
term of each member is 3 years and until the selection and qualification of5-29
his successor. A member may be reappointed. A member who ceases to be5-30
a member of the local planning commission of the jurisdiction from which5-31
he is appointed or ceases to be a member of the water planning5-32
commission automatically ceases to be a member of the commission. A5-33
vacancy must be filled for the unexpired term by the governing body5-34
which made the original appointment.5-35
3. The commission shall elect its chairman from among its members.5-36
The term of the chairman is 1 year. The member elected chairman must5-37
have been appointed5-38
5-39
subsection 1, as determined pursuant to a schedule adopted by the5-40
commission and made a part of its bylaws which provides for the annual5-41
rotation of the chairmanship among each of those governing bodies.5-42
4. A member of the commission must be compensated at the rate of5-43
$40 per meeting or $200 per month, whichever is less.6-1
Sec. 8. NRS 278.0274 is hereby amended to read as follows: 278.0274 The comprehensive regional plan must include goals,6-3
policies, maps and other documents relating to:6-4
1. Population, including a projection of population growth in the6-5
region and the resources that will be necessary to support that population.6-6
2. Conservation, including policies relating to the use and protection6-7
of air, land, water, and other natural resources, ambient air quality, natural6-8
recharge areas, floodplains and wetlands, and a map showing the areas that6-9
are best suited for development based on those policies.6-10
3. The limitation of urban sprawl, preservation of neighborhoods6-11
and revitalization of urban areas, including, without limitation, policies6-12
that promote the interspersion of new housing and businesses in6-13
established neighborhoods and set forth the specific methods and6-14
principles pursuant to which such interspersion must be carried out.6-15
4. Land use and transportation, including the classification of future6-16
land uses by density or intensity of development based upon the projected6-17
necessity and availability of public facilities and services and natural6-18
resources, and the compatibility of development in one area with that of6-19
other areas in the region. This portion of the plan must allow for a variety6-20
of uses, describe the transportation facilities that will be necessary to6-21
satisfy the requirements created by those future uses and must be based6-22
upon the policies and map relating to conservation that are developed6-23
pursuant to subsection 2, surveys, studies and data relating to the area, the6-24
amount of land required to accommodate planned growth, the population6-25
of the area projected pursuant to subsection 1, and the characteristics of6-26
undeveloped land in the area.6-27
6-28
sanitary sewer facilities, solid waste, flood control, potable water and6-29
ground-water aquifer recharge which are correlated with principles and6-30
guidelines for future land uses, and which specify ways to satisfy the6-31
requirements created by those future uses. This portion of the plan must6-32
6-33
(a) Describe the problems and needs of the area relating to public6-34
facilities and services and the general facilities that will be required for6-35
their solution and satisfaction6-36
(b) Identify the providers of public services within the region and the6-37
area within which each must serve, including service territories set by the6-38
public utilities commission of Nevada for public utilities6-39
6-40
(c) Establish the time within which those public facilities and services6-41
necessary to support the development relating to land use and6-42
transportation must be made available to satisfy the requirements created6-43
by that development7-1
7-2
(d) Contain a summary prepared by the regional planning7-3
commission with the assistance of the advisory committee on plans for7-4
capital improvements, created pursuant to section 4 of this act, regarding7-5
the plans for capital improvements that:7-6
(1) Are required to be prepared by each local government in the7-7
region pursuant to NRS 278.0226; and7-8
(2) May be prepared by the water planning commission of the7-9
county, the regional transportation commission and the county school7-10
district.7-11
6. Annexation, including the identification of spheres of influence for7-12
each unit of local government, improvement district or other service7-13
district and specifying standards and policies for changing the boundaries7-14
of a sphere of influence and procedures for the review of development7-15
within each sphere of influence. As used in this subsection, "sphere of7-16
influence" means an area into which a political subdivision may expand in7-17
the foreseeable future.7-18
7-19
guidelines for determining whether local master plans and facilities plans7-20
conform with the comprehensive regional plan.7-21
7-22
278.145.7-23
Sec. 9. NRS 278.250 is hereby amended to read as follows: 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,7-25
the governing body may divide the city, county or region into zoning7-26
districts of such number, shape and area as are best suited to carry out the7-27
purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district7-28
it may regulate and restrict the erection, construction, reconstruction,7-29
alteration, repair or use of buildings, structures or land.7-30
2. The zoning regulations must be adopted in accordance with the7-31
master plan for land use and be designed:7-32
(a) To preserve the quality of air and water resources.7-33
(b) To promote the conservation of open space and the protection of7-34
other natural and scenic resources from unreasonable impairment.7-35
(c) To provide for recreational needs.7-36
(d) To protect life and property in areas subject to floods, landslides and7-37
other natural disasters.7-38
(e) To conform to the adopted population plan, if required by NRS7-39
278.170.7-40
(f) To develop a timely, orderly and efficient arrangement of7-41
transportation and public facilities and services, including facilities and7-42
services for bicycles.8-1
(g) To ensure that the development on land is commensurate with the8-2
character and the physical limitations of the land.8-3
(h) To take into account the immediate and long-range financial impact8-4
of the application of particular land to particular kinds of development, and8-5
the relative suitability of the land for development.8-6
(i) To promote health and the general welfare.8-7
(j) To ensure the development of an adequate supply of housing for the8-8
community, including the development of affordable housing.8-9
3. The zoning regulations must be adopted with reasonable8-10
consideration, among other things, to the character of the area and its8-11
peculiar suitability for particular uses, and with a view to conserving the8-12
value of buildings and encouraging the most appropriate use of land8-13
throughout the city, county or region.8-14
4. In exercising the powers granted in this section, the governing8-15
body may use any controls relating to land use or principles of zoning8-16
that the governing body determines to be appropriate, including, without8-17
limitation, density bonuses, inclusionary zoning and minimum density8-18
zoning.8-19
5. As used in this section:8-20
(a) "Density bonus" means an incentive granted by a governing body8-21
to a developer of real property that authorizes the developer to build at a8-22
greater density than would otherwise be allowed under the master plan,8-23
in exchange for an agreement by the developer to perform certain8-24
functions that the governing body determines to be socially desirable,8-25
including, without limitation, developing an area to include a certain8-26
proportion of affordable housing.8-27
(b) "Inclusionary zoning" means a type of zoning pursuant to which a8-28
governing body requires or provides incentives to a developer who builds8-29
residential dwellings to build a certain percentage of those dwellings as8-30
affordable housing.8-31
(c) "Minimum density zoning" means a type of zoning pursuant to8-32
which development must be carried out at or above a certain density to8-33
maintain conformance with the master plan.8-34
Sec. 10. NRS 278B.160 is hereby amended to read as follows: 278B.160 1. A local government may by ordinance impose an8-36
impact fee in a service area to pay the cost of8-37
(a) Constructing a capital improvement or facility expansion ; and8-38
(b) Mitigating environmental impacts,8-39
necessitated by and attributable to new development.8-40
2. Except as otherwise provided in NRS 278B.220, the cost of8-41
constructing a capital improvement or facility expansion may include8-42
only:8-43
(a) The estimated cost of actual construction;9-1
(b) Estimated fees for professional services;9-2
(c) The estimated cost to acquire the land;9-3
(d) The estimated cost of maintaining and repairing the capital9-4
improvement or facility expansion for its expected useful life; and9-5
(e) The fees paid for professional services required for the preparation9-6
or revision of a capital improvements plan in anticipation of the imposition9-7
of an impact fee.9-8
9-9
requirement of paying impact fees imposed pursuant to this chapter.9-10
Sec. 11. The regional planning commission created pursuant to NRS9-11
278.0262 shall:9-12
1. Prepare a report in which the regional planning commission9-13
examines and recommends methods to:9-14
(a) Promote redevelopment in older neighborhoods; and9-15
(b) Redirect growth away from low density suburban developments and9-16
into established urban areas,9-17
including, without limitation, tax exemptions and other financial incentives9-18
and recommended legislation to carry out such goals.9-19
2. On or before February 15, 2001, submit the report prepared9-20
pursuant to subsection 1 to the 71st session of the Nevada Legislature.~