Assembly Bill No. 493–Assemblymen Giunchigliani, Arberry, Williams, Parks, Collins, Manendo, Ohrenschall, Bache, Segerblom, Neighbors, Buckley, Perkins, Thomas, Gibbons and Anderson
March 11, 1999
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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.
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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:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto1-2
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 41-6
of this act.1-7
Sec. 3. 1. The legislature recognizes the need for innovative1-8
strategies of planning and development that:1-9
(a) Address the anticipated needs and demands of continued1-10
urbanization and the corresponding need to protect environmentally1-11
sensitive areas; and1-12
(b) Will allow the development of less populous regions of this state if1-13
such regions:1-14
(1) Seek increased economic development; and1-15
(2) Have sufficient resources of land and water to accommodate1-16
development in a manner that is environmentally sound.2-1
2. The legislature further recognizes that innovative strategies of2-2
planning and development may be superior to conventional strategies of2-3
planning and development with respect to:2-4
(a) Protecting environmentally sensitive areas;2-5
(b) Maintaining the economic viability of agricultural and other2-6
predominantly rural land uses; and2-7
(c) Providing cost-effective public facilities and services.2-8
3. It is the intent of the legislature that each comprehensive regional2-9
plan adopted or amended pursuant to this chapter should set forth a2-10
process of planning which:2-11
(a) Allows for:2-12
(1) The efficient use of land within existing urban areas; and2-13
(2) The conversion of rural lands to other uses, if such other uses2-14
are appropriate and consistent with the provisions of this chapter and the2-15
master plan of each affected city and county.2-16
(b) Uses innovative and flexible strategies of planning and2-17
development and creative techniques of land use planning which2-18
promote sustainable growth, including, without limitation, establishment2-19
of new towns, the maintenance of open space and mixed-use2-20
development.2-21
4. It is the further intent of the legislature that when the governing2-22
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 use2-24
of existing facilities and services through redevelopment, interspersion of2-25
new housing and businesses in established neighborhoods and other2-26
mechanisms for urban revitalization.2-27
5. It is the further intent of the legislature that the construction of2-28
public facilities and the provision of services necessary to support2-29
development should be coordinated with activities of development to2-30
ensure that demand for such facilities and services can be met at the time2-31
the demand is created. In carrying out this intent, local and regional2-32
governmental entities are encouraged to construct public facilities,2-33
provide services or carry out development in phases. Public facilities2-34
constructed and services provided to accommodate new development2-35
should be consistent with plans for capital improvements prepared2-36
pursuant to NRS 278.0226.2-37
Sec. 4. In a county whose population is 400,000 or more, the board2-38
of county commissioners and the city council of each of the four largest2-39
cities in the county shall establish a regional planning coalition by2-40
cooperative agreement pursuant to chapter 277 of NRS.2-41
Sec. 5. 1. The regional planning coalition shall develop a2-42
comprehensive regional plan for the balanced economic, social, physical,2-43
environmental and fiscal development and orderly management of the3-1
growth of the region for a period of at least 20 years. The comprehensive3-2
regional plan must contain recommendations of policy to carry out each3-3
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 in3-6
regional planning within the county.3-7
(b) Shall establish criteria to determine:3-8
(1) Projects of regional significance that may be constructed within3-9
the region.3-10
(2) The areas within the region that may be designated as spheres3-11
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 to3-15
the use and protection of natural resources.3-16
(2) Population, including, without limitation, a projection of3-17
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, the3-23
comprehensive regional plan must include the following elements:3-24
(a) A land use map or series of maps that identify and depict the3-25
boundaries of each historic district within the county and designate each3-26
significant historical property within the county that the regional3-27
planning coalition determines to merit historical preservation.3-28
(b) The designation of allowable future land uses for each part of the3-29
county, including, without limitation, the identification of each category3-30
of land use in which the construction and operation of a public school is3-31
permissible. The identification of a category of land use in which the3-32
construction and operation of a public school is permissible must be3-33
carried out in consultation with the county school district and include a3-34
determination whether there is sufficient land proximate to a residential3-35
development to meet projected needs for public schools.3-36
(c) A plan to provide incentives for the interspersion of new3-37
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 the3-40
comprehensive regional plan unless the adoption or amendment is by3-41
resolution of the regional planning coalition carried by the affirmative3-42
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 project4-3
proposed by any person other than a public utility, means a project4-4
which:4-5
(1) Has been identified in the guidelines of the regional planning4-6
coalition as a project which will result in the loss or significant4-7
degradation of a designated historic, archaeological, cultural or scenic4-8
resource;4-9
(2) Has been identified in the guidelines of the regional planning4-10
coalition as a project which will result in the creation of significant new4-11
geothermal or mining operations;4-12
(3) Has been identified in the guidelines of the regional planning4-13
coalition as a project which will have a significant effect on the natural4-14
resources, public services, public facilities or the adopted regional form4-15
of the region; or4-16
(4) Will require a change in zoning, a special use permit, an4-17
amendment to a master plan, a tentative map or other approval for the4-18
use of land which, if approved, will have an effect on the region of4-19
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; or4-25
(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 an4-27
amendment to a master plan, a change in zoning, a tentative map or a4-28
special use permit was approved by the local planning commission before4-29
July 1, 1999.4-30
(b) "Project of regional significance," with respect to a project4-31
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; and4-36
(5) Gas regulator stations and mains that operate over 100 pounds4-37
per square inch.4-38
(c) "Sphere of influence" means an area into which a city plans to4-39
expand as designated in the regional plan within the time designated in4-40
the regional plan.4-41
Sec. 6. 1. In a county whose population is 100,000 or more, the4-42
regional planning coalition or regional planning commission, as4-43
appropriate, shall, in cooperation with appropriate state agencies and5-1
local governmental entities, develop programs to provide incentives to5-2
pay for the construction and maintenance of infrastructure within the5-3
region, including, without limitation, programs to:5-4
(a) Adjust the cost to a developer of connecting a development to5-5
utility services, such that a new development constructed in an existing5-6
urban area would cost less to connect to utility services than a new5-7
development constructed outside of an existing urban area.5-8
(b) Allocate additional money for the construction and maintenance5-9
of flood control and transportation projects to a local governmental5-10
entity that encourages and approves the interspersion of new5-11
development with existing development.5-12
(c) Allocate additional money for the construction and maintenance5-13
of transportation projects in undeveloped areas that are surrounded by5-14
developed areas.5-15
(d) Subsidize the cost of constructing and maintaining schools in5-16
areas of existing urban development.5-17
2. As used in this section:5-18
(a) "Infrastructure" means publicly owned or publicly supported5-19
facilities that are necessary or desirable to support intense habitation5-20
within a region, including, without limitation, parks, roads, schools,5-21
community centers, sanitary sewers, facilities for mass transit and5-22
facilities for the conveyance of water and the treatment of wastewater.5-23
(b) "Regional planning coalition" means the regional planning5-24
coalition established pursuant to section 4 of this act.5-25
(c) "Regional planning commission" means the regional planning5-26
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, the5-29
promotion of orderly development, coordinated land use planning and5-30
the efficient provision of services to urban areas, including, without5-31
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 governmental5-36
entities and services;5-37
5. Make recommendations regarding the disposal of federal land;5-38
6. Establish methods for resolving disputes regarding annexation5-39
and other matters that arise between jurisdictions; and5-40
7. Review:5-41
(a) Master plans adopted by the governing body of the county and5-42
each city; and6-1
(b) The annual plan for capital improvements prepared by the6-2
governing body of each local government in the county pursuant to NRS6-3
278.0226.6-4
Sec. 8. The following entities shall, if otherwise required to submit6-5
plans to the public utilities commission of Nevada for approval, submit6-6
those plans to the regional planning coalition for review and6-7
recommendations:6-8
1. Regional agencies that are located in whole or in part within the6-9
county.6-10
2. Governmental entities that are located in whole or in part within6-11
the region, including, without limitation, the county school district and6-12
the department of prisons.6-13
Sec. 9. A governing body, regional agency, state agency or public6-14
utility that is located in whole or in part within the region shall not adopt6-15
a master plan, facilities plan or other similar plan, or an amendment6-16
thereto, after July 1, 1999, unless the regional planning coalition has6-17
been afforded an opportunity to make recommendations regarding the6-18
plan or amendment.6-19
Sec. 10. The regional planning coalition shall, on or before July 16-20
of each year, prepare and adopt a budget for the immediately succeeding6-21
fiscal year and shall submit that budget to each of the local governments6-22
within the region as a recommendation for funding.6-23
Sec. 11. The regional planning coalition may contract with6-24
planners, engineers, architects and other consultants to carry out the6-25
provisions of this section and sections 2, 4, 5 and 7 to 10, inclusive, of6-26
this act.6-27
Sec. 12. Each governing body, regional agency, state agency or public6-28
utility that is located in whole or in part within the region shall, on or6-29
before May 1, 2001, submit to the regional planning coalition for its6-30
review all existing master plans, facilities plans and other similar plans of6-31
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 56-35
of this act. Before approving the plan, the regional planning coalition shall6-36
hold public hearings on the proposed plan in the cities and unincorporated6-37
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 those6-40
entities would conform with the comprehensive regional plan.6-41
(c) Report to the legislature regarding the progress made in developing6-42
and adopting the comprehensive regional plan and any other6-43
recommendations the regional planning coalition may have for regional7-1
planning within the county. The recommendations must include7-2
amendments or additions to legislative measures or provisions of NRS that7-3
the regional planning coalition determines are necessary to:7-4
(1) Ensure the adequacy and consistency of regional planning efforts7-5
within the region.7-6
(2) Enable local governmental entities within the region to carry out7-7
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 plans7-10
submitted to the regional planning coalition pursuant to section 8 or 9 of7-11
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 regional7-14
significance pursuant to criteria developed in accordance with section 5 of7-15
this act.7-16
(b) Review, consider and make recommendations regarding7-17
applications from agencies of the Federal Government and applications for7-18
federal assistance for federally-assisted programs or projects.7-19
3. On or before September 1, 2001, make final recommendations7-20
regarding plans examined by the regional planning coalition pursuant to7-21
paragraph (a) of subsection 2. If the regional planning coalition determines7-22
that a plan is not in conformance with the comprehensive regional plan, the7-23
regional planning coalition shall return the plan to the submitting entity7-24
with guidance regarding the manner in which the submitting entity may7-25
bring the plan into conformance with the comprehensive regional plan and7-26
with instructions to resubmit the plan within 45 days.7-27
Sec. 14. The provisions of subsection 1 of NRS 354.599 do not apply7-28
to any additional expenses of a local government that are related to the7-29
provisions of this act.7-30
Sec. 15. This act becomes effective on July 1, 1999.~