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 land use planning; revising provisions regarding plans for capital improvements; expanding the contents of a comprehensive regional plan; requiring members of the regional planning commission to complete certain training; authorizing the governing body of a local government to use certain land use controls and principles of zoning; and providing other matters properly relating thereto.

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

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. The legislature hereby finds and declares that:

1-4 1. The process of regional planning in a county whose population is

1-5 100,000 or more but less than 400,000, as set forth in NRS 278.026 to

1-6 278.029, inclusive, and sections 2 and 3 of this act, ensures that

1-7 comprehensive planning will be carried out with respect to population,

1-8 conservation, land use and transportation, public facilities and services,

1-9 annexation and intergovernmental coordination.

1-10 2. The process of regional planning set forth in NRS 278.026 to

1-11 278.029, inclusive, and sections 2 and 3 of this act, does not specifically

1-12 limit the premature expansion of development into undeveloped areas or

1-13 address the unique needs and opportunities that are characteristic of

1-14 older neighborhoods in a county whose population is 100,000 or more

1-15 but less than 400,000.

2-1 3. The problem of the premature expansion of development into

2-2 undeveloped areas and the unique needs and opportunities that are

2-3 characteristic of older neighborhoods may be addressed through:

2-4 (a) Cooperative efforts to preserve and revitalize urban areas and

2-5 older neighborhoods; and

2-6 (b) Review of the master plans, facilities plans and other similar plans

2-7 of local governments and other affected entities.

2-8 4. It is the intent of the legislature with respect to NRS 278.026 to

2-9 278.029, inclusive, and sections 2 and 3 of this act, that each local

2-10 government and affected entity shall exercise its powers and duties in a

2-11 manner that is in harmony with the powers and duties exercised by other

2-12 local governments and affected entities to enhance the long-term health

2-13 and welfare of the county and all its residents.

2-14 Secs. 3 and 4. (Deleted by amendment.)

2-15 Sec. 5. NRS 278.0226 is hereby amended to read as follows:

2-16 278.0226 The governing body of each local government whose budget

2-24 to acquire, maintain, operate and replace capital improvements.

2-25 Sec. 6. NRS 278.026 is hereby amended to read as follows:

2-26 278.026 As used in NRS 278.026 to 278.029, inclusive, and sections 2

2-42 quality or public education. The term does not include a plan for the

3-1 development of a specific site or regulations adopted by an affected entity

3-2 to implement the comprehensive regional plan.

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

3-4 created pursuant to NRS 278.0264.

3-5 4. "Joint planning area" means an area that is the subject of common

3-6 study and planning by the governing body of a county and one or more

3-7 cities.

3-8 5. "Project of regional significance," with respect to a project proposed

3-9 by any person other than a public utility, means a project which:

3-10 (a) Has been identified in the guidelines of the regional planning

3-11 commission as a project which will result in the loss or significant

3-12 degradation of a designated historic, archeological, cultural or scenic

3-13 resource;

3-14 (b) Has been identified in the guidelines of the regional planning

3-15 commission as a project which will result in the creation of significant new

3-16 geothermal or mining operations;

3-17 (c) Has been identified in the guidelines of the regional planning

3-18 commission as a project which will have a significant effect on the natural

3-19 resources, public services, public facilities or the adopted regional form of

3-20 the region; or

3-21 (d) Will require a change in zoning, a special use permit, an amendment

3-22 to a master plan, a tentative map or other approval for the use of land

3-23 which, if approved, will have an effect on the region of increasing:

3-24 (1) Employment by not less than 938 employees;

3-25 (2) Housing by not less than 625 units;

3-26 (3) Hotel accommodations by not less than 625 rooms;

3-27 (4) Sewage by not less than 187,500 gallons per day;

3-28 (5) Water usage by not less than 625 acre feet per year; or

3-29 (6) Traffic by not less than an average of 6,250 trips daily.

3-30 The term does not include any project for which a request for an

3-31 amendment to a master plan, a change in zoning, a tentative map or a

3-32 special use permit has been approved by the local planning commission

3-33 before June 17, 1989.

3-34 6. "Project of regional significance," with respect to a project proposed

3-35 by a utility, includes:

3-36 (a) An electric substation;

3-37 (b) A transmission line that carries 60 kilovolts or more;

3-38 (c) A facility that generates electricity greater than 5 megawatts;

3-39 (d) Natural gas storage and peak shaving facilities; and

3-40 (e) Gas regulator stations and mains that operate over 100 pounds per

3-41 square inch.

4-1 7. "Sphere of influence" means an area into which a city plans to

4-2 expand as designated in the comprehensive regional plan within the time

4-3 designated in the comprehensive regional plan.

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

4-5 278.0262 1. There is hereby created in each county whose population

4-6 is 100,000 or more but less than 400,000, a regional planning commission

4-7 consisting of:

4-8 (a) Three members from the local planning commission of each city in

4-9 the county whose population is 40,000 or more, appointed by the respective

4-10 governing bodies of those cities;

4-11 (b) One member from the local planning commission of each city in the

4-12 county whose population is less than 40,000, appointed by the respective

4-13 governing bodies of those cities; and

4-14 (c) Three members from the local planning commission of the county,

4-15 appointed by the governing body of the county, at least two of whom must

4-16 reside in unincorporated areas of the county.

4-17 2. Except for the terms of the initial members of the commission, the

4-18 term of each member is 3 years and until the selection and qualification of

4-19 his successor. A member may be reappointed. A member who ceases to be

4-20 a member of the local planning commission of the jurisdiction from which

4-21 he is appointed automatically ceases to be a member of the commission. A

4-22 vacancy must be filled for the unexpired term by the governing body which

4-23 made the original appointment.

4-24 3. The commission shall elect its chairman from among its members.

4-25 The term of the chairman is 1 year. The member elected chairman must

4-26 have been appointed by the governing body of the county or a city whose

4-27 population is 40,000 or more, as determined pursuant to a schedule adopted

4-28 by the commission and made a part of its bylaws which provides for the

4-29 annual rotation of the chairmanship among each of those governing bodies.

4-30 4. A member of the commission must be compensated at the rate of

4-31 [$40] $80 per meeting or [$200] $400 per month, whichever is less.

4-32 5. Each member of the commission must successfully complete the

4-33 course of training prescribed by the governing body pursuant to

4-34 subsection 2 of NRS 278.0265 within 1 year after the date on which his

4-35 term of appointment commences. A member who fails to complete

4-36 successfully the course of training as required pursuant to this subsection

4-37 forfeits his appointment 1 year after the date on which his term of

4-38 appointment commenced.

4-39 Sec. 7.5. NRS 278.0265 is hereby amended to read as follows:

4-40 278.0265 The governing board:

4-42 powers and duties.

5-1 2. Shall prescribe an appropriate course of at least 12 hours of

5-2 training in land use planning for the members of the regional planning

5-3 commission. The course of training must include, without limitation,

5-4 training relating to:

5-5 (a) State statutes and regulations and local ordinances, resolutions

5-6 and regulations concerning land use planning; and

5-7 (b) The provisions of chapter 241 of NRS.

5-8 3. May establish and collect reasonable fees for the provision of any

5-9 service that is authorized pursuant to the provisions of NRS 278.026 to

5-10 278.029, inclusive [.] , and sections 2 and 3 of this act.

5-11 Sec. 8. NRS 278.0274 is hereby amended to read as follows:

5-12 278.0274 The comprehensive regional plan must include goals,

5-41 guidelines for future land uses, and which specify ways to satisfy the

6-1 requirements created by those future uses. This portion of the plan must

6-2 [describe] :

6-3 (a) Describe the problems and needs of the area relating to public

6-4 facilities and services and the general facilities that will be required for

6-5 their solution and satisfaction [, identify] ;

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

6-7 area within which each must serve, including service territories set by the

6-8 public utilities commission of Nevada for public utilities [, and must

6-9 establish] ;

6-10 (c) Establish the time within which those public facilities and services

6-11 necessary to support the development relating to land use and

6-12 transportation must be made available to satisfy the requirements created

6-13 by that development [.

6-14 5.] ; and

6-15 (d) Contain a summary prepared by the regional planning

6-16 commission regarding the plans for capital improvements that:

6-17 (1) Are required to be prepared by each local government in the

6-18 region pursuant to NRS 278.0226; and

6-19 (2) May be prepared by the water planning commission of the

6-20 county, the regional transportation commission and the county school

6-21 district.

6-22 6. Annexation, including the identification of spheres of influence for

6-23 each unit of local government, improvement district or other service district

6-24 and specifying standards and policies for changing the boundaries of a

6-25 sphere of influence and procedures for the review of development within

6-26 each sphere of influence. As used in this subsection, "sphere of influence"

6-27 means an area into which a political subdivision may expand in the

6-28 foreseeable future.

6-29 [6.] 7. Intergovernmental coordination, including the establishment of

6-30 guidelines for determining whether local master plans and facilities plans

6-31 conform with the comprehensive regional plan.

6-32 [7.] 8. Any utility project required to be reported pursuant to NRS

6-33 278.145.

6-34 Sec. 8.5. (Deleted by amendment.)

6-35 Sec. 9. NRS 278.250 is hereby amended to read as follows:

6-36 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

6-43 master plan for land use and be designed:

7-1 (a) To preserve the quality of air and water resources.

7-2 (b) To promote the conservation of open space and the protection of

7-3 other natural and scenic resources from unreasonable impairment.

7-4 (c) To provide for recreational needs.

7-5 (d) To protect life and property in areas subject to floods, landslides and

7-6 other natural disasters.

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

7-8 278.170.

7-9 (f) To develop a timely, orderly and efficient arrangement of

7-10 transportation and public facilities and services, including facilities and

7-11 services for bicycles.

7-12 (g) To ensure that the development on land is commensurate with the

7-13 character and the physical limitations of the land.

7-14 (h) To take into account the immediate and long-range financial impact

7-15 of the application of particular land to particular kinds of development, and

7-16 the relative suitability of the land for development.

7-17 (i) To promote health and the general welfare.

7-18 (j) To ensure the development of an adequate supply of housing for the

7-19 community, including the development of affordable housing.

7-20 3. The zoning regulations must be adopted with reasonable

7-21 consideration, among other things, to the character of the area and its

7-22 peculiar suitability for particular uses, and with a view to conserving the

7-23 value of buildings and encouraging the most appropriate use of land

7-24 throughout the city, county or region.

7-25 4. In exercising the powers granted in this section, the governing

7-26 body may use any controls relating to land use or principles of zoning

7-27 that the governing body determines to be appropriate, including, without

7-28 limitation, density bonuses, inclusionary zoning and minimum density

7-29 zoning.

7-30 5. As used in this section:

7-31 (a) "Density bonus" means an incentive granted by a governing body

7-32 to a developer of real property that authorizes the developer to build at a

7-33 greater density than would otherwise be allowed under the master plan,

7-34 in exchange for an agreement by the developer to perform certain

7-35 functions that the governing body determines to be socially desirable,

7-36 including, without limitation, developing an area to include a certain

7-37 proportion of affordable housing.

7-38 (b) "Inclusionary zoning" means a type of zoning pursuant to which a

7-39 governing body requires or provides incentives to a developer who builds

7-40 residential dwellings to build a certain percentage of those dwellings as

7-41 affordable housing.

8-1 (c) "Minimum density zoning" means a type of zoning pursuant to

8-2 which development must be carried out at or above a certain density to

8-3 maintain conformance with the master plan.

8-4 Secs. 10 and 11. (Deleted by amendment.)

8-5 Sec. 12. 1. The governing board for regional planning, created

8-6 pursuant to NRS 278.0264, shall prescribe the course of training described

8-7 in subsection 2 of NRS 278.0265 on or before June 30, 2000.

8-8 2. Notwithstanding the provisions of subsection 5 of NRS 278.0262, a

8-9 member of the regional planning commission whose term of appointment

8-10 commences on or before January 1, 2001, must successfully complete the

8-11 course of training prescribed by the governing body pursuant to subsection

8-12 2 of NRS 278.0265 on or before June 30, 2001. A member who fails to

8-13 complete successfully the course of training as required pursuant to this

8-14 subsection forfeits his appointment on June 30, 2001.