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 to implement the comprehensive regional plan.

3-1 3. "Governing board" means the governing board for regional planning

3-2 created pursuant to NRS 278.0264.

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

3-4 study and planning by the governing body of a county and one or more

3-5 cities.

3-6 5. "Project of regional significance," with respect to a project proposed

3-7 by any person other than a public utility, means a project which:

3-8 (a) Has been identified in the guidelines of the regional planning

3-9 commission as a project which will result in the loss or significant

3-10 degradation of a designated historic, archeological, cultural or scenic

3-11 resource;

3-12 (b) Has been identified in the guidelines of the regional planning

3-13 commission as a project which will result in the creation of significant new

3-14 geothermal or mining operations;

3-15 (c) Has been identified in the guidelines of the regional planning

3-16 commission as a project which will have a significant effect on the natural

3-17 resources, public services, public facilities or the adopted regional form of

3-18 the region; or

3-19 (d) Will require a change in zoning, a special use permit, an amendment

3-20 to a master plan, a tentative map or other approval for the use of land

3-21 which, if approved, will have an effect on the region of increasing:

3-22 (1) Employment by not less than 938 employees;

3-23 (2) Housing by not less than 625 units;

3-24 (3) Hotel accommodations by not less than 625 rooms;

3-25 (4) Sewage by not less than 187,500 gallons per day;

3-26 (5) Water usage by not less than 625 acre feet per year; or

3-27 (6) Traffic by not less than an average of 6,250 trips daily.

3-28 The term does not include any project for which a request for an

3-29 amendment to a master plan, a change in zoning, a tentative map or a

3-30 special use permit has been approved by the local planning commission

3-31 before June 17, 1989.

3-32 6. "Project of regional significance," with respect to a project proposed

3-33 by a utility, includes:

3-34 (a) An electric substation;

3-35 (b) A transmission line that carries 60 kilovolts or more;

3-36 (c) A facility that generates electricity greater than 5 megawatts;

3-37 (d) Natural gas storage and peak shaving facilities; and

3-38 (e) Gas regulator stations and mains that operate over 100 pounds per

3-39 square inch.

3-40 7. "Sphere of influence" means an area into which a city plans to

3-41 expand as designated in the comprehensive regional plan within the time

3-42 designated in the comprehensive regional plan.

4-1 Sec. 7. NRS 278.0262 is hereby amended to read as follows:

4-2 278.0262 1. There is hereby created in each county whose population

4-3 is 100,000 or more but less than 400,000, a regional planning commission

4-4 consisting of:

4-5 (a) Three members from the local planning commission of each city in

4-6 the county whose population is 40,000 or more, appointed by the respective

4-7 governing bodies of those cities;

4-8 (b) One member from the local planning commission of each city in the

4-9 county whose population is less than 40,000, appointed by the respective

4-10 governing bodies of those cities; and

4-11 (c) Three members from the local planning commission of the county,

4-12 appointed by the governing body of the county, at least two of whom must

4-13 reside in unincorporated areas of the county.

4-14 2. Except for the terms of the initial members of the commission, the

4-15 term of each member is 3 years and until the selection and qualification of

4-16 his successor. A member may be reappointed. A member who ceases to be

4-17 a member of the local planning commission of the jurisdiction from which

4-18 he is appointed automatically ceases to be a member of the commission. A

4-19 vacancy must be filled for the unexpired term by the governing body which

4-20 made the original appointment.

4-21 3. The commission shall elect its chairman from among its members.

4-22 The term of the chairman is 1 year. The member elected chairman must

4-23 have been appointed by the governing body of the county or a city whose

4-24 population is 40,000 or more, as determined pursuant to a schedule adopted

4-25 by the commission and made a part of its bylaws which provides for the

4-26 annual rotation of the chairmanship among each of those governing bodies.

4-27 4. A member of the commission must be compensated at the rate of

4-28 [$40] $80 per meeting or [$200] $400 per month, whichever is less.

4-29 5. Each member of the commission must successfully complete the

4-30 course of training prescribed by the governing body pursuant to

4-31 subsection 2 of NRS 278.0265 within 1 year after the date on which his

4-32 term of appointment commences. A member who fails to complete

4-33 successfully the course of training as required pursuant to this subsection

4-34 forfeits his appointment 1 year after the date on which his term of

4-35 appointment commenced.

4-36 Sec. 7.5. NRS 278.0265 is hereby amended to read as follows:

4-37 278.0265 The governing board:

4-41 training in land use planning for the members of the regional planning

5-1 commission. The course of training must include, without limitation,

5-2 training relating to:

5-3 (a) State statutes and regulations and local ordinances, resolutions

5-4 and regulations concerning land use planning; and

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

5-6 3. May establish and collect reasonable fees for the provision of any

5-7 service that is authorized pursuant to the provisions of NRS 278.026 to

5-8 278.029, inclusive [.] , and sections 2 and 3 of this act.

5-9 Sec. 8. NRS 278.0274 is hereby amended to read as follows:

5-10 278.0274 The comprehensive regional plan must include goals,

5-41 [describe] :

6-1 (a) Describe the problems and needs of the area relating to public

6-2 facilities and services and the general facilities that will be required for

6-3 their solution and satisfaction [, identify] ;

6-4 (b) Identify the providers of public services within the region and the

6-5 area within which each must serve, including service territories set by the

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

6-7 establish] ;

6-8 (c) Establish the time within which those public facilities and services

6-9 necessary to support the development relating to land use and

6-10 transportation must be made available to satisfy the requirements created

6-11 by that development [.

6-12 5.] ; and

6-13 (d) Contain a summary prepared by the regional planning

6-14 commission regarding the plans for capital improvements that:

6-15 (1) Are required to be prepared by each local government in the

6-16 region pursuant to NRS 278.0226; and

6-17 (2) May be prepared by the water planning commission of the

6-18 county, the regional transportation commission and the county school

6-19 district.

6-20 6. Annexation, including the identification of spheres of influence for

6-21 each unit of local government, improvement district or other service district

6-22 and specifying standards and policies for changing the boundaries of a

6-23 sphere of influence and procedures for the review of development within

6-24 each sphere of influence. As used in this subsection, "sphere of influence"

6-25 means an area into which a political subdivision may expand in the

6-26 foreseeable future.

6-27 [6.] 7. Intergovernmental coordination, including the establishment of

6-28 guidelines for determining whether local master plans and facilities plans

6-29 conform with the comprehensive regional plan.

6-30 [7.] 8. Any utility project required to be reported pursuant to NRS

6-31 278.145.

6-32 Sec. 8.5. (Deleted by amendment.)

6-33 Sec. 9. NRS 278.250 is hereby amended to read as follows:

6-34 278.250 1. For the purposes of NRS 278.010 to 278.630, inclusive,

6-42 (a) To preserve the quality of air and water resources.

7-1 (b) To promote the conservation of open space and the protection of

7-2 other natural and scenic resources from unreasonable impairment.

7-3 (c) To provide for recreational needs.

7-4 (d) To protect life and property in areas subject to floods, landslides and

7-5 other natural disasters.

7-6 (e) To conform to the adopted population plan, if required by NRS

7-7 278.170.

7-8 (f) To develop a timely, orderly and efficient arrangement of

7-9 transportation and public facilities and services, including facilities and

7-10 services for bicycles.

7-11 (g) To ensure that the development on land is commensurate with the

7-12 character and the physical limitations of the land.

7-13 (h) To take into account the immediate and long-range financial impact

7-14 of the application of particular land to particular kinds of development, and

7-15 the relative suitability of the land for development.

7-16 (i) To promote health and the general welfare.

7-17 (j) To ensure the development of an adequate supply of housing for the

7-18 community, including the development of affordable housing.

7-19 3. The zoning regulations must be adopted with reasonable

7-20 consideration, among other things, to the character of the area and its

7-21 peculiar suitability for particular uses, and with a view to conserving the

7-22 value of buildings and encouraging the most appropriate use of land

7-23 throughout the city, county or region.

7-24 4. In exercising the powers granted in this section, the governing

7-25 body may use any controls relating to land use or principles of zoning

7-26 that the governing body determines to be appropriate, including, without

7-27 limitation, density bonuses, inclusionary zoning and minimum density

7-28 zoning.

7-29 5. As used in this section:

7-30 (a) "Density bonus" means an incentive granted by a governing body

7-31 to a developer of real property that authorizes the developer to build at a

7-32 greater density than would otherwise be allowed under the master plan,

7-33 in exchange for an agreement by the developer to perform certain

7-34 functions that the governing body determines to be socially desirable,

7-35 including, without limitation, developing an area to include a certain

7-36 proportion of affordable housing.

7-37 (b) "Inclusionary zoning" means a type of zoning pursuant to which a

7-38 governing body requires or provides incentives to a developer who builds

7-39 residential dwellings to build a certain percentage of those dwellings as

7-40 affordable housing.

7-41 (c) "Minimum density zoning" means a type of zoning pursuant to

7-42 which development must be carried out at or above a certain density to

7-43 maintain conformance with the master plan.

8-1 Secs. 10 and 11. (Deleted by amendment.)

8-2 Sec. 12. 1. The governing board for regional planning, created

8-3 pursuant to NRS 278.0264, shall prescribe the course of training described

8-4 in subsection 2 of NRS 278.0265 on or before June 30, 2000.

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

8-6 member of the regional planning commission whose term of appointment

8-7 commences on or before January 1, 2001, must successfully complete the

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

8-9 2 of NRS 278.0265 on or before June 30, 2001. A member who fails to

8-10 complete successfully the course of training as required pursuant to this

8-11 subsection forfeits his appointment on June 30, 2001.