Assembly Bill No. 493–Assemblymen Giunchigliani, Arberry, Williams,

Parks, Collins, Manendo, Ohrenschall, Bache, Segerblom, Neighbors,

Buckley, Perkins, Thomas, Gibbons and Anderson

CHAPTER........

AN ACT relating to regional planning; providing for the establishment of a regional planning

coalition in certain counties; setting forth the powers and duties of the regional

planning coalition; requiring certain entities to submit certain plans to the regional

planning coalition for review and recommendations; authorizing a city or county to

establish its own policies and procedures with respect to regional planning in certain

circumstances; and providing other matters properly relating thereto.

 

 

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 thereto

the provisions set forth as sections 2 to 11, inclusive, of this act.

Sec. 2. As used in sections 2 and 4 to 12, inclusive, of this act, unless

the context otherwise requires, "regional planning coalition" means the

regional planning coalition established pursuant to section 4 of this act.

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

strategies of planning and development that:

(a) Address the anticipated needs and demands of continued

urbanization and the corresponding need to protect environmentally

sensitive areas; and

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

such regions:

(1) Seek increased economic development; and

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

development in a manner that is environmentally sound.

2. The legislature further recognizes that innovative strategies of

planning and development may be superior to conventional strategies of

planning and development with respect to:

(a) Protecting environmentally sensitive areas;

(b) Maintaining the economic viability of agricultural and other

predominantly rural land uses; and

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

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

policy plan adopted or amended pursuant to this chapter should set forth

a process of planning which:

(a) Allows for:

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

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

are appropriate and consistent with the provisions of this chapter and the

master plan of each affected city and county.

(b) Uses innovative and flexible strategies of planning and

development and creative techniques of land use planning which

promote sustainable growth, including, without limitation, establishment

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

development.

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

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

the plan or regulation should promote a strategy of maximizing the use

of existing facilities and services through redevelopment, interspersion of

new housing and businesses in established neighborhoods and other

mechanisms for urban revitalization.

5. It is the further intent of the legislature that the construction of

public facilities and the provision of services necessary to support

development should be coordinated with activities of development to

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

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

governmental entities are encouraged to construct public facilities,

provide services or carry out development in phases. Public facilities

constructed and services provided to accommodate new development

should be consistent with plans for capital improvements prepared

pursuant to NRS 278.0226.

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

of county commissioners and the city council of each of at least the three

largest cities in the county shall establish a regional planning coalition

by cooperative agreement pursuant to chapter 277 of NRS.

Sec. 5. 1. The regional planning coalition shall develop a

comprehensive regional policy plan for the balanced economic, social,

physical, environmental and fiscal development and orderly management

of the growth of the region for a period of at least 20 years. The

comprehensive regional policy plan must contain recommendations of

policy to carry out each part of the plan.

2. In developing the plan, the coalition:

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

regional planning within the county.

(b) Shall ensure that the comprehensive regional policy plan includes

goals, policies, maps and other documents relating to:

(1) Conservation, including, without limitation, policies relating to

the use and protection of natural resources.

(2) Population, including, without limitation, a projection of

population growth in the region.

(3) Land use and development, including, without limitation, a map

of land use plans that have been adopted by local governmental entities

within the region.

(4) Transportation.

(5) Public facilities and services.

(6) Air quality.

(7) Strategies to promote and encourage

:

(I) The interspersion of new housing and businesses in

established neighborhoods; and

(II) Development in areas in which public services are available.

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

comprehensive regional policy plan unless the adoption or amendment is

by resolution of the regional planning coalition:

(a) Carried by the affirmative votes of not less than two-thirds of its

total membership; and

(b) Ratified by the board of county commissioners of the county and

the city council of each city that jointly established the regional planning

coalition pursuant to section 4 of this act.

Sec. 6. 1. The regional planning coalition shall study and develop

methods to provide incentives for the interspersion of new housing and

businesses in established neighborhoods, including, without limitation,

the:

(a) Creation of an expedited process for granting necessary permits

for a development that features such interspersion; and

(b) Imposition of a fee for the extension of infrastructure to

encourage such interspersion.

2. As used in this section, "infrastructure" means publicly owned or

publicly supported facilities that are necessary or desirable to support

intense habitation within a region, including, without limitation, parks,

roads, schools, community centers, sanitary sewers, facilities for mass

transit and facilities for the conveyance of water and the treatment of

wastewater.

Sec. 7. 1. The regional planning coalition may:

(a) Coordinate sources of information;

(b) Recommend measures to increase the efficiency of governmental

entities and services;

(c) Make recommendations regarding the disposal of federal land;

(d) Establish methods for resolving issues related to boundaries and

other matters that arise between jurisdictions;

(e) Review:

(1) Master plans, facilities plans and other similar plans, and

amendments thereto, adopted by a governing body, regional agency, state

agency or public utility that is located in whole or in part within the

region; and

(2) The annual plan for capital improvements that is prepared by

each local government in the region pursuant to NRS 278.0226;

(f) Develop and recommend, to the extent practicable, standardized

classifications for land use for the region;

(g) Consider and take necessary action with respect to any issue that

the regional planning coalition determines will have a significant impact

on the region, including, without limitation, projects of regional

significance;

(h) Review, consider and make recommendations regarding

applications submitted to agencies of the Federal Government and

applications for federal assistance for federally-assisted programs or

projects; and

(i) Designate allowable future land uses for each part of the county,

including, without limitation, the identification of each category of land

use in which the construction and operation of a public school is

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

construction and operation of a public school is permissible must be

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

determination of whether there is sufficient land in the proximity of a

residential development to meet projected needs for public schools.

2. The regional planning coalition shall establish a definition for the

term "project of regional significance." In establishing the definition, the

regional planning coalition shall consider:

(a) Existing definitions of the term within the Nevada Revised

Statutes; and

(b) That a project may have regional significance for several reasons,

including, without limitation, the potential impact that the project may

have on historic, archaeological, cultural, scenic and natural resources,

public facilities and public services within the region.

Sec. 8. Each governing body, regional agency, state agency or

public utility that is located in whole or in part within the region shall,

not more than once every 2 years, submit to the regional planning

coalition for its review all master plans, facilities plans and other similar

plans of the governing body, regional agency, state agency or public

utility.

Sec. 9. Except as otherwise provided in this section, a governing

body, regional agency, state agency or public utility that is located in

whole or in part within the region shall not adopt a master plan, facilities

plan or other similar plan, or an amendment thereto, after March 1,

2001, unless the regional planning coalition has been afforded an

opportunity to make recommendations regarding the plan or

amendment. A governing body, regional agency, state agency or public

utility may adopt an amendment to a land use plan described in

paragraph (f) of subsection 1 of NRS 278.160 without affording the

regional planning coalition the opportunity to make recommendations

regarding the amendment.

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

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

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

within the region as a recommendation for funding.

Sec. 11. The regional planning coalition may employ persons or

contract for services necessary to carry out:

1. The provisions of sections 2 and 4 to 12, inclusive, of this act; an

d

2. Other responsibilities set forth in the cooperative agreement

pursuant to which the regional planning coalition was established

pursuant to section 4 of this act.

Sec. 12. 1. Not more than once every 2 years, the regional

planning coalition shall review the master plans, facilities plans and

other similar plans that it receives pursuant to section 8 of this act, and

determine whether those plans are in substantial conformance with the

comprehensive regional policy plan.

2. If the regional planning coalition determines that a plan reviewed

pursuant to subsection 1 is not in substantial conformance with the

comprehensive regional policy plan, the regional planning coalition shall

return the plan to the submitting entity accompanied by

recommendations regarding the manner in which the submitting entity

may bring the plan into substantial conformance with the comprehensive

regional policy plan.

3. Within 90 days after the date on which a submitting entity receives

the plan and recommendations from the regional planning coalition

pursuant to subsection 2, the submitting entity shall provide to the

regional planning coalition a written response setting forth the:

(a) Manner in which the submitting entity changed the plan to be in

substantial conformance with the comprehensive regional policy plan; or

(b) Reasons of the submitting entity for not bringing the plan into

substantial conformance.

4. If the regional planning coalition determines that all the plans

that a city or county is required to submit pursuant to section 8 of this act

are in substantial conformance with the comprehensive regional policy

plan, the regional planning coalition shall issue to the city or county a

certificate or other indicia of that determination. Upon receipt of such a

certificate or other indicia, the city or county, until the next time the

regional planning coalition reviews the plans of the city or county

pursuant to subsection 1, is entitled to establish its own policies and

procedures with respect to regional planning, to the extent that those

policies and procedures do not conflict with federal or state law.

Sec. 13. Each governing body, regional agency, state agency or public

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

before May 1, 2000, submit to the regional planning coalition for its review

all existing master plans, facilities plans and other similar plans of the

governing body, regional agency, state agency or public utility.

Sec. 14. The regional planning coalition:

1. Shall:

(a) On or before March 1, 2001:

(1) Adopt a comprehensive regional policy plan in accordance with

section 5 of this act. Before approving the plan, the regional planning

coalition shall hold public hearings on the proposed plan in the cities and

unincorporated areas within the county.

(2) In cooperation with local governmental entities within the county,

develop guidelines to determine whether master plans, facilities plans and

other similar plans established by those entities would conform with the

comprehensive regional policy plan.

(b) On or before July 1, 2001, establish a preliminary definition for the

term "project of regional significance." In establishing the definition, the

regional planning commission shall consider the factors set forth in

paragraphs (a) and (b) of subsection 2 of section 7 of this act.

(c) On or before July 1, 2002, review the master plans, facilities plans

and other similar plans that it receives pursuant to section 8 of this act, and

determine whether those plans are in conformance with the comprehensive

regional policy plan.

2. May, on or before February 1, 2001, submit three requests for

proposed legislation to the legislature if the regional planning coalition

determines that the proposed legislation is necessary to:

(a) Ensure the adequacy and consistency of activities within the region

that are related to regional planning; or

(b) Enable local governmental entities within the region to carry out

their authority to govern in a more efficient manner.

Sec. 15. The provisions of subsection 1 of NRS 354.599 do not apply

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

provisions of this act.

Sec. 16. This act becomes effective on January 1, 2000.

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