Assembly Bill No. 424–Assemblymen Freeman, Gibbons,
Humke, Leslie, Evans and Anderson

March 8, 1999

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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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to regional planning; providing in skeleton form for various changes to the process of regional planning in certain counties; requiring a local government that is within an area covered by a comprehensive regional plan to conform its actions, ordinances and regulations to the plan; providing for the resolution of disputes regarding conformance with a comprehensive regional plan; creating an advisory committee on plans for capital improvements; revising provisions regarding plans for capital improvements; changing the composition of the regional planning commission; expanding contents of a comprehensive regional plan; authorizing the governing body of a local government to use certain land use controls and principles of zoning; expanding the scope of activities for which impact fees may be charged; 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 thereto

1-2 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 to

1-4 development, zoning, the subdivision of land or capital improvements

1-5 must conform to the comprehensive regional plan. In adopting an

1-6 ordinance or regulation relating to development, zoning, the subdivision

1-7 of land or capital improvements, a local government shall make a

1-8 specific finding that the ordinance or regulation conforms to the

1-9 comprehensive regional plan. Within 1 year after the adoption of the

1-10 comprehensive regional plan by the governing board pursuant to NRS

2-1 278.0276, and at least once every 5 years thereafter, a local government

2-2 shall review and, if necessary, amend its existing ordinances and

2-3 regulations to ensure their conformity with the provisions of the

2-4 comprehensive regional plan. If an ordinance or regulation adopted by a

2-5 local government is inconsistent with a provision of the comprehensive

2-6 regional plan, the provision of the comprehensive regional plan controls.

2-7 2. The regional planning commission shall adopt regulations

2-8 concerning the resolution of disputes between persons, local governments

2-9 and the regional planning commission regarding whether an action

2-10 taken by or an ordinance or resolution adopted by a local government

2-11 conforms to the provisions of the comprehensive regional plan as

2-12 required pursuant to subsection 1.

2-13 Sec. 3. 1. In addition to the elements that must be included within

2-14 the comprehensive regional plan pursuant to NRS 278.0274, the regional

2-15 planning commission may add to the comprehensive regional plan maps

2-16 and other documents that depict separately each area within the region

2-17 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; or

2-20 (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 comprehensive

2-22 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 be

2-25 necessary.

2-26 3. As used in this section, a "full range of urban services" is provided

2-27 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 NRS

2-29 349.980;

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; and

2-34 (f) Streets and roads.

2-35 Sec. 4. 1. The advisory committee on plans for capital

2-36 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 or

2-39 his designee;

2-40 (c) The executive director or other chief executive officer of the

2-41 regional transportation commission of the county or his designee; and

2-42 (d) The superintendent of schools of the county school district or his

2-43 designee.

3-1 2. The advisory committee on plans for capital improvements shall

3-2 advise and assist the regional planning commission in regard to the

3-3 preparation of the summary required pursuant to paragraph (d) of

3-4 subsection 5 of NRS 278.0274.

3-5 Sec. 5. NRS 278.0226 is hereby amended to read as follows:

3-6 278.0226 The governing body of each local government whose budget

3-7 includes any expenditure for the acquisition or maintenance of a capital

3-8 improvement shall annually prepare a plan for capital improvements which

3-9 conforms with its master plan and which includes at least the 3 ensuing

3-10 fiscal years but not more than [5] 10 fiscal years. The plan for capital

3-11 improvements must identify:

3-12 1. Costs that the local government expects to incur; and

3-13 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:

3-16 278.026 As used in NRS 278.026 to 278.029, inclusive, and sections

3-17 2, 3 and 4 of this act, unless the context otherwise requires:

3-18 1. "Affected entity" means a public utility, franchise holder, local or

3-19 regional agency, university, community college or any other entity having

3-20 responsibility for planning or providing public facilities relating to

3-21 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; or

3-25 (b) A public utility which is subject to regulation by the public utilities

3-26 commission of Nevada.

3-27 2. "Facilities plan" means a plan for the development of public

3-28 facilities which will have a regional impact or which will aid in

3-29 accomplishing regional goals relating to transportation, solid waste, energy

3-30 generation and transmission, conventions and the promotion of tourism, air

3-31 quality or public education. The term does not include a plan for the

3-32 development of a specific site or regulations adopted by an affected entity

3-33 to implement the comprehensive regional plan.

3-34 3. "Governing board" means the governing board for regional

3-35 planning created pursuant to NRS 278.0264.

3-36 4. "Joint planning area" means an area that is the subject of common

3-37 study and planning by the governing body of a county and one or more

3-38 cities.

3-39 5. "Project of regional significance," with respect to a project proposed

3-40 by any person other than a public utility, means a project which:

4-1 (a) Has been identified in the guidelines of the regional planning

4-2 commission as a project which will result in the loss or significant

4-3 degradation of a designated historic, archeological, cultural or scenic

4-4 resource;

4-5 (b) Has been identified in the guidelines of the regional planning

4-6 commission as a project which will result in the creation of significant new

4-7 geothermal or mining operations;

4-8 (c) Has been identified in the guidelines of the regional planning

4-9 commission as a project which will have a significant effect on the natural

4-10 resources, public services, public facilities or the adopted regional form of

4-11 the region; or

4-12 (d) Will require a change in zoning, a special use permit, an amendment

4-13 to a master plan, a tentative map or other approval for the use of land

4-14 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; or

4-20 (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 an

4-22 amendment to a master plan, a change in zoning, a tentative map or a

4-23 special use permit has been approved by the local planning commission

4-24 before June 17, 1989.

4-25 6. "Project of regional significance," with respect to a project proposed

4-26 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; and

4-31 (e) Gas regulator stations and mains that operate over 100 pounds per

4-32 square inch.

4-33 7. "Sphere of influence" means an area into which a city plans to

4-34 expand as designated in the comprehensive regional plan within the time

4-35 designated in the comprehensive regional plan.

4-36 Sec. 7. NRS 278.0262 is hereby amended to read as follows:

4-37 278.0262 1. There is hereby created in each county whose

4-38 population is 100,000 or more but less than 400,000, a regional planning

4-39 commission consisting of [:

4-40 (a) Three members] 11 members appointed as follows:

4-41 (a) One member from the local planning commission of each [city] of

4-42 the two largest cities in the county , [whose population is 40,000 or more,]

4-43 appointed by the respective governing bodies of those cities;

5-1 (b) One member from the local planning commission of [each city in

5-2 the county whose population is less than 40,000, appointed by the

5-3 respective governing bodies of those cities; and

5-4 (c) Three members from the local planning commission of] the county,

5-5 appointed by the governing body of the county, [at least two of whom]

5-6 who must reside in the unincorporated [areas] area of the county [.] ;

5-7 (c) One member to represent the interests of transportation in the

5-8 county, appointed by the regional transportation commission;

5-9 (d) One member who is a member of the water planning commission

5-10 of the county, created pursuant to NRS 540A.080, appointed by the

5-11 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 air

5-15 pollution in the county, appointed by the district health department;

5-16 (g) One member to represent the interests of affordable housing in the

5-17 county, appointed by the governing board for regional planning;

5-18 (h) One member to represent the interests of tourism and economic

5-19 development in the county, appointed by the governing board for

5-20 regional planning;

5-21 (i) One member to represent the interests of parks, recreation and

5-22 open space in the county, appointed by the governing board for regional

5-23 planning; and

5-24 (j) One member to represent the interests of health and human

5-25 services in the county, appointed by the governing board for regional

5-26 planning.

5-27 2. Except for the terms of the initial members of the commission, the

5-28 term of each member is 3 years and until the selection and qualification of

5-29 his successor. A member may be reappointed. A member who ceases to be

5-30 a member of the local planning commission of the jurisdiction from which

5-31 he is appointed or ceases to be a member of the water planning

5-32 commission automatically ceases to be a member of the commission. A

5-33 vacancy must be filled for the unexpired term by the governing body

5-34 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 must

5-37 have been appointed [by the governing body of the county or a city whose

5-38 population is 40,000 or more,] pursuant to paragraph (a) or (b) of

5-39 subsection 1, as determined pursuant to a schedule adopted by the

5-40 commission and made a part of its bylaws which provides for the annual

5-41 rotation of the chairmanship among each of those governing bodies.

5-42 4. A member of the commission must be compensated at the rate of

5-43 $40 per meeting or $200 per month, whichever is less.

6-1 Sec. 8. NRS 278.0274 is hereby amended to read as follows:

6-2 278.0274 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 the

6-5 region and the resources that will be necessary to support that population.

6-6 2. Conservation, including policies relating to the use and protection

6-7 of air, land, water, and other natural resources, ambient air quality, natural

6-8 recharge areas, floodplains and wetlands, and a map showing the areas that

6-9 are best suited for development based on those policies.

6-10 3. The limitation of urban sprawl, preservation of neighborhoods

6-11 and revitalization of urban areas, including, without limitation, policies

6-12 that promote the interspersion of new housing and businesses in

6-13 established neighborhoods and set forth the specific methods and

6-14 principles pursuant to which such interspersion must be carried out.

6-15 4. Land use and transportation, including the classification of future

6-16 land uses by density or intensity of development based upon the projected

6-17 necessity and availability of public facilities and services and natural

6-18 resources, and the compatibility of development in one area with that of

6-19 other areas in the region. This portion of the plan must allow for a variety

6-20 of uses, describe the transportation facilities that will be necessary to

6-21 satisfy the requirements created by those future uses and must be based

6-22 upon the policies and map relating to conservation that are developed

6-23 pursuant to subsection 2, surveys, studies and data relating to the area, the

6-24 amount of land required to accommodate planned growth, the population

6-25 of the area projected pursuant to subsection 1, and the characteristics of

6-26 undeveloped land in the area.

6-27 [4.] 5. Public facilities and services, including provisions relating to

6-28 sanitary sewer facilities, solid waste, flood control, potable water and

6-29 ground-water aquifer recharge which are correlated with principles and

6-30 guidelines for future land uses, and which specify ways to satisfy the

6-31 requirements created by those future uses. This portion of the plan must

6-32 [describe] :

6-33 (a) Describe the problems and needs of the area relating to public

6-34 facilities and services and the general facilities that will be required for

6-35 their solution and satisfaction [, identify] ;

6-36 (b) Identify the providers of public services within the region and the

6-37 area within which each must serve, including service territories set by the

6-38 public utilities commission of Nevada for public utilities [, and must

6-39 establish] ;

6-40 (c) Establish the time within which those public facilities and services

6-41 necessary to support the development relating to land use and

6-42 transportation must be made available to satisfy the requirements created

6-43 by that development [.

7-1 5.] ; and

7-2 (d) Contain a summary prepared by the regional planning

7-3 commission with the assistance of the advisory committee on plans for

7-4 capital improvements, created pursuant to section 4 of this act, regarding

7-5 the plans for capital improvements that:

7-6 (1) Are required to be prepared by each local government in the

7-7 region pursuant to NRS 278.0226; and

7-8 (2) May be prepared by the water planning commission of the

7-9 county, the regional transportation commission and the county school

7-10 district.

7-11 6. Annexation, including the identification of spheres of influence for

7-12 each unit of local government, improvement district or other service

7-13 district and specifying standards and policies for changing the boundaries

7-14 of a sphere of influence and procedures for the review of development

7-15 within each sphere of influence. As used in this subsection, "sphere of

7-16 influence" means an area into which a political subdivision may expand in

7-17 the foreseeable future.

7-18 [6.] 7. Intergovernmental coordination, including the establishment of

7-19 guidelines for determining whether local master plans and facilities plans

7-20 conform with the comprehensive regional plan.

7-21 [7.] 8. Any utility project required to be reported pursuant to NRS

7-22 278.145.

7-23 Sec. 9. NRS 278.250 is hereby amended to read as follows:

7-24 278.250 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 zoning

7-26 districts of such number, shape and area as are best suited to carry out the

7-27 purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district

7-28 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 the

7-31 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 of

7-34 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 and

7-37 other natural disasters.

7-38 (e) To conform to the adopted population plan, if required by NRS

7-39 278.170.

7-40 (f) To develop a timely, orderly and efficient arrangement of

7-41 transportation and public facilities and services, including facilities and

7-42 services for bicycles.

8-1 (g) To ensure that the development on land is commensurate with the

8-2 character and the physical limitations of the land.

8-3 (h) To take into account the immediate and long-range financial impact

8-4 of the application of particular land to particular kinds of development, and

8-5 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 the

8-8 community, including the development of affordable housing.

8-9 3. The zoning regulations must be adopted with reasonable

8-10 consideration, among other things, to the character of the area and its

8-11 peculiar suitability for particular uses, and with a view to conserving the

8-12 value of buildings and encouraging the most appropriate use of land

8-13 throughout the city, county or region.

8-14 4. In exercising the powers granted in this section, the governing

8-15 body may use any controls relating to land use or principles of zoning

8-16 that the governing body determines to be appropriate, including, without

8-17 limitation, density bonuses, inclusionary zoning and minimum density

8-18 zoning.

8-19 5. As used in this section:

8-20 (a) "Density bonus" means an incentive granted by a governing body

8-21 to a developer of real property that authorizes the developer to build at a

8-22 greater density than would otherwise be allowed under the master plan,

8-23 in exchange for an agreement by the developer to perform certain

8-24 functions that the governing body determines to be socially desirable,

8-25 including, without limitation, developing an area to include a certain

8-26 proportion of affordable housing.

8-27 (b) "Inclusionary zoning" means a type of zoning pursuant to which a

8-28 governing body requires or provides incentives to a developer who builds

8-29 residential dwellings to build a certain percentage of those dwellings as

8-30 affordable housing.

8-31 (c) "Minimum density zoning" means a type of zoning pursuant to

8-32 which development must be carried out at or above a certain density to

8-33 maintain conformance with the master plan.

8-34 Sec. 10. NRS 278B.160 is hereby amended to read as follows:

8-35 278B.160 1. A local government may by ordinance impose an

8-36 impact fee in a service area to pay the cost of [constructing] :

8-37 (a) Constructing a capital improvement or facility expansion ; and

8-38 (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 of

8-41 constructing a capital improvement or facility expansion may include

8-42 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; [and]

9-3 (d) The estimated cost of maintaining and repairing the capital

9-4 improvement or facility expansion for its expected useful life; and

9-5 (e) The fees paid for professional services required for the preparation

9-6 or revision of a capital improvements plan in anticipation of the imposition

9-7 of an impact fee.

9-8 [2.] 3. All property owned by a school district is exempt from the

9-9 requirement of paying impact fees imposed pursuant to this chapter.

9-10 Sec. 11. The regional planning commission created pursuant to NRS

9-11 278.0262 shall:

9-12 1. Prepare a report in which the regional planning commission

9-13 examines and recommends methods to:

9-14 (a) Promote redevelopment in older neighborhoods; and

9-15 (b) Redirect growth away from low density suburban developments and

9-16 into established urban areas,

9-17 including, without limitation, tax exemptions and other financial incentives

9-18 and recommended legislation to carry out such goals.

9-19 2. On or before February 15, 2001, submit the report prepared

9-20 pursuant to subsection 1 to the 71st session of the Nevada Legislature.

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