Assembly Bill No. 493–Assemblymen Giunchigliani, Arberry, Williams, Parks, Collins, Manendo, Ohrenschall, Bache, Segerblom, Neighbors, Buckley, Perkins, Thomas, Gibbons and Anderson

March 11, 1999

____________

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning regional planning. (BDR 22-282)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

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; 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 to 11, inclusive, of this act.

1-3 Sec. 2. As used in sections 2, 4, 5 and 7 to 11, inclusive, of this act,

1-4 unless the context otherwise requires, "regional planning coalition"

1-5 means the regional planning coalition established pursuant to section 4

1-6 of this act.

1-7 Sec. 3. 1. The legislature recognizes the need for innovative

1-8 strategies of planning and development that:

1-9 (a) Address the anticipated needs and demands of continued

1-10 urbanization and the corresponding need to protect environmentally

1-11 sensitive areas; and

1-12 (b) Will allow the development of less populous regions of this state if

1-13 such regions:

1-14 (1) Seek increased economic development; and

1-15 (2) Have sufficient resources of land and water to accommodate

1-16 development in a manner that is environmentally sound.

2-1 2. The legislature further recognizes that innovative strategies of

2-2 planning and development may be superior to conventional strategies of

2-3 planning and development with respect to:

2-4 (a) Protecting environmentally sensitive areas;

2-5 (b) Maintaining the economic viability of agricultural and other

2-6 predominantly rural land uses; and

2-7 (c) Providing cost-effective public facilities and services.

2-8 3. It is the intent of the legislature that each comprehensive regional

2-9 plan adopted or amended pursuant to this chapter should set forth a

2-10 process of planning which:

2-11 (a) Allows for:

2-12 (1) The efficient use of land within existing urban areas; and

2-13 (2) The conversion of rural lands to other uses, if such other uses

2-14 are appropriate and consistent with the provisions of this chapter and the

2-15 master plan of each affected city and county.

2-16 (b) Uses innovative and flexible strategies of planning and

2-17 development and creative techniques of land use planning which

2-18 promote sustainable growth, including, without limitation, establishment

2-19 of new towns, the maintenance of open space and mixed-use

2-20 development.

2-21 4. It is the further intent of the legislature that when the governing

2-22 body of a local government adopts a master plan or zoning regulation,

2-23 the plan or regulation should promote a strategy of maximizing the use

2-24 of existing facilities and services through redevelopment, interspersion of

2-25 new housing and businesses in established neighborhoods and other

2-26 mechanisms for urban revitalization.

2-27 5. It is the further intent of the legislature that the construction of

2-28 public facilities and the provision of services necessary to support

2-29 development should be coordinated with activities of development to

2-30 ensure that demand for such facilities and services can be met at the time

2-31 the demand is created. In carrying out this intent, local and regional

2-32 governmental entities are encouraged to construct public facilities,

2-33 provide services or carry out development in phases. Public facilities

2-34 constructed and services provided to accommodate new development

2-35 should be consistent with plans for capital improvements prepared

2-36 pursuant to NRS 278.0226.

2-37 Sec. 4. In a county whose population is 400,000 or more, the board

2-38 of county commissioners and the city council of each of the four largest

2-39 cities in the county shall establish a regional planning coalition by

2-40 cooperative agreement pursuant to chapter 277 of NRS.

2-41 Sec. 5. 1. The regional planning coalition shall develop a

2-42 comprehensive regional plan for the balanced economic, social, physical,

2-43 environmental and fiscal development and orderly management of the

3-1 growth of the region for a period of at least 20 years. The comprehensive

3-2 regional plan must contain recommendations of policy to carry out each

3-3 part of the plan.

3-4 2. In developing the plan, the coalition:

3-5 (a) May consult with other entities that are interested or involved in

3-6 regional planning within the county.

3-7 (b) Shall establish criteria to determine:

3-8 (1) Projects of regional significance that may be constructed within

3-9 the region.

3-10 (2) The areas within the region that may be designated as spheres

3-11 of influence.

3-12 (c) Shall ensure that the comprehensive regional plan includes goals,

3-13 policies, maps and other documents relating to:

3-14 (1) Conservation, including, without limitation, policies relating to

3-15 the use and protection of natural resources.

3-16 (2) Population, including, without limitation, a projection of

3-17 population growth in the region.

3-18 (3) Land use and development.

3-19 (4) Transportation.

3-20 (5) Public facilities and services.

3-21 (6) Air quality.

3-22 3. In addition to the requirements set forth in subsection 2, the

3-23 comprehensive regional plan must include the following elements:

3-24 (a) A land use map or series of maps that identify and depict the

3-25 boundaries of each historic district within the county and designate each

3-26 significant historical property within the county that the regional

3-27 planning coalition determines to merit historical preservation.

3-28 (b) The designation of allowable future land uses for each part of the

3-29 county, including, without limitation, the identification of each category

3-30 of land use in which the construction and operation of a public school is

3-31 permissible. The identification of a category of land use in which the

3-32 construction and operation of a public school is permissible must be

3-33 carried out in consultation with the county school district and include a

3-34 determination whether there is sufficient land proximate to a residential

3-35 development to meet projected needs for public schools.

3-36 (c) A plan to provide incentives for the interspersion of new

3-37 development with established development, including, without limitation,

3-38 an expedited process of permitting for such new development.

3-39 4. The regional planning coalition shall not adopt or amend the

3-40 comprehensive regional plan unless the adoption or amendment is by

3-41 resolution of the regional planning coalition carried by the affirmative

3-42 votes of not less than two-thirds of its total membership.

4-1 5. As used in this section:

4-2 (a) "Project of regional significance," with respect to a project

4-3 proposed by any person other than a public utility, means a project

4-4 which:

4-5 (1) Has been identified in the guidelines of the regional planning

4-6 coalition as a project which will result in the loss or significant

4-7 degradation of a designated historic, archaeological, cultural or scenic

4-8 resource;

4-9 (2) Has been identified in the guidelines of the regional planning

4-10 coalition as a project which will result in the creation of significant new

4-11 geothermal or mining operations;

4-12 (3) Has been identified in the guidelines of the regional planning

4-13 coalition as a project which will have a significant effect on the natural

4-14 resources, public services, public facilities or the adopted regional form

4-15 of the region; or

4-16 (4) Will require a change in zoning, a special use permit, an

4-17 amendment to a master plan, a tentative map or other approval for the

4-18 use of land which, if approved, will have an effect on the region of

4-19 increasing:

4-20 (I) Employment by not less than 938 employees;

4-21 (II) Housing by not less than 625 units;

4-22 (III) Hotel accommodations by not less than 625 rooms;

4-23 (IV) Sewage by not less than 187,500 gallons per day;

4-24 (V) Water usage by not less than 625 acre-feet per year; or

4-25 (VI) Traffic by not less than an average of 6,250 trips daily.

4-26 The term does not include any project for which a request for an

4-27 amendment to a master plan, a change in zoning, a tentative map or a

4-28 special use permit was approved by the local planning commission before

4-29 July 1, 1999.

4-30 (b) "Project of regional significance," with respect to a project

4-31 proposed by a public utility, includes:

4-32 (1) An electric substation;

4-33 (2) A transmission line that carries 60 kilovolts or more;

4-34 (3) A facility that generates electricity greater than 5 megawatts;

4-35 (4) Natural gas storage and peak shaving facilities; and

4-36 (5) Gas regulator stations and mains that operate over 100 pounds

4-37 per square inch.

4-38 (c) "Sphere of influence" means an area into which a city plans to

4-39 expand as designated in the regional plan within the time designated in

4-40 the regional plan.

4-41 Sec. 6. 1. In a county whose population is 100,000 or more, the

4-42 regional planning coalition or regional planning commission, as

4-43 appropriate, shall, in cooperation with appropriate state agencies and

5-1 local governmental entities, develop programs to provide incentives to

5-2 pay for the construction and maintenance of infrastructure within the

5-3 region, including, without limitation, programs to:

5-4 (a) Adjust the cost to a developer of connecting a development to

5-5 utility services, such that a new development constructed in an existing

5-6 urban area would cost less to connect to utility services than a new

5-7 development constructed outside of an existing urban area.

5-8 (b) Allocate additional money for the construction and maintenance

5-9 of flood control and transportation projects to a local governmental

5-10 entity that encourages and approves the interspersion of new

5-11 development with existing development.

5-12 (c) Allocate additional money for the construction and maintenance

5-13 of transportation projects in undeveloped areas that are surrounded by

5-14 developed areas.

5-15 (d) Subsidize the cost of constructing and maintaining schools in

5-16 areas of existing urban development.

5-17 2. As used in this section:

5-18 (a) "Infrastructure" means publicly owned or publicly supported

5-19 facilities that are necessary or desirable to support intense habitation

5-20 within a region, including, without limitation, parks, roads, schools,

5-21 community centers, sanitary sewers, facilities for mass transit and

5-22 facilities for the conveyance of water and the treatment of wastewater.

5-23 (b) "Regional planning coalition" means the regional planning

5-24 coalition established pursuant to section 4 of this act.

5-25 (c) "Regional planning commission" means the regional planning

5-26 commission created pursuant to NRS 278.0262.

5-27 Sec. 7. The regional planning coalition may:

5-28 1. Develop policies for the region, including, without limitation, the

5-29 promotion of orderly development, coordinated land use planning and

5-30 the efficient provision of services to urban areas, including, without

5-31 limitation, roads, water and sewer service, police and fire protection,

5-32 mass transit, libraries and parks;

5-33 2. Coordinate sources of information;

5-34 3. Establish standardized projections for population;

5-35 4. Recommend measures to increase the efficiency of governmental

5-36 entities and services;

5-37 5. Make recommendations regarding the disposal of federal land;

5-38 6. Establish methods for resolving disputes regarding annexation

5-39 and other matters that arise between jurisdictions; and

5-40 7. Review:

5-41 (a) Master plans adopted by the governing body of the county and

5-42 each city; and

6-1 (b) The annual plan for capital improvements prepared by the

6-2 governing body of each local government in the county pursuant to NRS

6-3 278.0226.

6-4 Sec. 8. The following entities shall, if otherwise required to submit

6-5 plans to the public utilities commission of Nevada for approval, submit

6-6 those plans to the regional planning coalition for review and

6-7 recommendations:

6-8 1. Regional agencies that are located in whole or in part within the

6-9 county.

6-10 2. Governmental entities that are located in whole or in part within

6-11 the region, including, without limitation, the county school district and

6-12 the department of prisons.

6-13 Sec. 9. A governing body, regional agency, state agency or public

6-14 utility that is located in whole or in part within the region shall not adopt

6-15 a master plan, facilities plan or other similar plan, or an amendment

6-16 thereto, after July 1, 1999, unless the regional planning coalition has

6-17 been afforded an opportunity to make recommendations regarding the

6-18 plan or amendment.

6-19 Sec. 10. The regional planning coalition shall, on or before July 1

6-20 of each year, prepare and adopt a budget for the immediately succeeding

6-21 fiscal year and shall submit that budget to each of the local governments

6-22 within the region as a recommendation for funding.

6-23 Sec. 11. The regional planning coalition may contract with

6-24 planners, engineers, architects and other consultants to carry out the

6-25 provisions of this section and sections 2, 4, 5 and 7 to 10, inclusive, of

6-26 this act.

6-27 Sec. 12. Each governing body, regional agency, state agency or public

6-28 utility that is located in whole or in part within the region shall, on or

6-29 before May 1, 2001, submit to the regional planning coalition for its

6-30 review all existing master plans, facilities plans and other similar plans of

6-31 the governing body, regional agency, state agency or public utility.

6-32 Sec. 13. The regional planning coalition shall:

6-33 1. On or before March 1, 2001:

6-34 (a) Adopt a comprehensive regional plan in accordance with section 5

6-35 of this act. Before approving the plan, the regional planning coalition shall

6-36 hold public hearings on the proposed plan in the cities and unincorporated

6-37 areas within the county.

6-38 (b) In cooperation with local governmental entities within the county,

6-39 develop guidelines to determine whether master plans established by those

6-40 entities would conform with the comprehensive regional plan.

6-41 (c) Report to the legislature regarding the progress made in developing

6-42 and adopting the comprehensive regional plan and any other

6-43 recommendations the regional planning coalition may have for regional

7-1 planning within the county. The recommendations must include

7-2 amendments or additions to legislative measures or provisions of NRS that

7-3 the regional planning coalition determines are necessary to:

7-4 (1) Ensure the adequacy and consistency of regional planning efforts

7-5 within the region.

7-6 (2) Enable local governmental entities within the region to carry out

7-7 their authority to govern in a more efficient manner.

7-8 2. On or before July 1, 2001:

7-9 (a) Examine master plans, facilities plans and other similar plans

7-10 submitted to the regional planning coalition pursuant to section 8 or 9 of

7-11 this act to determine whether the plans:

7-12 (1) Conform with the comprehensive regional plan.

7-13 (2) Propose a project that would constitute a project of regional

7-14 significance pursuant to criteria developed in accordance with section 5 of

7-15 this act.

7-16 (b) Review, consider and make recommendations regarding

7-17 applications from agencies of the Federal Government and applications for

7-18 federal assistance for federally-assisted programs or projects.

7-19 3. On or before September 1, 2001, make final recommendations

7-20 regarding plans examined by the regional planning coalition pursuant to

7-21 paragraph (a) of subsection 2. If the regional planning coalition determines

7-22 that a plan is not in conformance with the comprehensive regional plan, the

7-23 regional planning coalition shall return the plan to the submitting entity

7-24 with guidance regarding the manner in which the submitting entity may

7-25 bring the plan into conformance with the comprehensive regional plan and

7-26 with instructions to resubmit the plan within 45 days.

7-27 Sec. 14. The provisions of subsection 1 of NRS 354.599 do not apply

7-28 to any additional expenses of a local government that are related to the

7-29 provisions of this act.

7-30 Sec. 15. This act becomes effective on July 1, 1999.

~