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 and 4 to 12, inclusive, of this act, unless1-4
the context otherwise requires, "regional planning coalition" means the1-5
regional planning coalition established pursuant to section 4 of this act.1-6
Sec. 3. 1. The legislature recognizes the need for innovative1-7
strategies of planning and development that:1-8
(a) Address the anticipated needs and demands of continued1-9
urbanization and the corresponding need to protect environmentally1-10
sensitive areas; and1-11
(b) Will allow the development of less populous regions of this state if1-12
such regions:2-1
(1) Seek increased economic development; and2-2
(2) Have sufficient resources of land and water to accommodate2-3
development in a manner that is environmentally sound.2-4
2. The legislature further recognizes that innovative strategies of2-5
planning and development may be superior to conventional strategies of2-6
planning and development with respect to:2-7
(a) Protecting environmentally sensitive areas;2-8
(b) Maintaining the economic viability of agricultural and other2-9
predominantly rural land uses; and2-10
(c) Providing cost-effective public facilities and services.2-11
3. It is the intent of the legislature that each comprehensive regional2-12
policy plan adopted or amended pursuant to this chapter should set forth2-13
a process of planning which:2-14
(a) Allows for:2-15
(1) The efficient use of land within existing urban areas; and2-16
(2) The conversion of rural lands to other uses, if such other uses2-17
are appropriate and consistent with the provisions of this chapter and the2-18
master plan of each affected city and county.2-19
(b) Uses innovative and flexible strategies of planning and2-20
development and creative techniques of land use planning which2-21
promote sustainable growth, including, without limitation, establishment2-22
of new towns, the maintenance of open space and mixed-use2-23
development.2-24
4. It is the further intent of the legislature that when the governing2-25
body of a local government adopts a master plan or zoning regulation,2-26
the plan or regulation should promote a strategy of maximizing the use2-27
of existing facilities and services through redevelopment, interspersion of2-28
new housing and businesses in established neighborhoods and other2-29
mechanisms for urban revitalization.2-30
5. It is the further intent of the legislature that the construction of2-31
public facilities and the provision of services necessary to support2-32
development should be coordinated with activities of development to2-33
ensure that demand for such facilities and services can be met at the time2-34
the demand is created. In carrying out this intent, local and regional2-35
governmental entities are encouraged to construct public facilities,2-36
provide services or carry out development in phases. Public facilities2-37
constructed and services provided to accommodate new development2-38
should be consistent with plans for capital improvements prepared2-39
pursuant to NRS 278.0226.2-40
Sec. 4. In a county whose population is 400,000 or more, the board2-41
of county commissioners and the city council of each of at least the three2-42
largest cities in the county shall establish a regional planning coalition2-43
by cooperative agreement pursuant to chapter 277 of NRS.3-1
Sec. 5. 1. The regional planning coalition shall develop a3-2
comprehensive regional policy plan for the balanced economic, social,3-3
physical, environmental and fiscal development and orderly management3-4
of the growth of the region for a period of at least 20 years. The3-5
comprehensive regional policy plan must contain recommendations of3-6
policy to carry out each part of the plan.3-7
2. In developing the plan, the coalition:3-8
(a) May consult with other entities that are interested or involved in3-9
regional planning within the county.3-10
(b) Shall ensure that the comprehensive regional policy plan includes3-11
goals, policies, maps and other documents relating to:3-12
(1) Conservation, including, without limitation, policies relating to3-13
the use and protection of natural resources.3-14
(2) Population, including, without limitation, a projection of3-15
population growth in the region.3-16
(3) Land use and development, including, without limitation, a map3-17
of land use plans that have been adopted by local governmental entities3-18
within the region.3-19
(4) Transportation.3-20
(5) Public facilities and services.3-21
(6) Air quality.3-22
(7) Strategies to promote and encourage:3-23
(I) The interspersion of new housing and businesses in3-24
established neighborhoods; and3-25
(II) Development in areas in which public services are available.3-26
3. The regional planning coalition shall not adopt or amend the3-27
comprehensive regional policy plan unless the adoption or amendment is3-28
by resolution of the regional planning coalition:3-29
(a) Carried by the affirmative votes of not less than two-thirds of its3-30
total membership; and3-31
(b) Ratified by the board of county commissioners of the county and3-32
the city council of each city that jointly established the regional planning3-33
coalition pursuant to section 4 of this act.3-34
Sec. 6. 1. The regional planning coalition shall study and develop3-35
methods to provide incentives for the interspersion of new housing and3-36
businesses in established neighborhoods, including, without limitation,3-37
the:3-38
(a) Creation of an expedited process for granting necessary permits3-39
for a development that features such interspersion; and3-40
(b) Imposition of a fee for the extension of infrastructure to3-41
encourage such interspersion.3-42
2. As used in this section, "infrastructure" means publicly owned or3-43
publicly supported facilities that are necessary or desirable to support4-1
intense habitation within a region, including, without limitation, parks,4-2
roads, schools, community centers, sanitary sewers, facilities for mass4-3
transit and facilities for the conveyance of water and the treatment of4-4
wastewater.4-5
Sec. 7. 1. The regional planning coalition may:4-6
(a) Coordinate sources of information;4-7
(b) Recommend measures to increase the efficiency of governmental4-8
entities and services;4-9
(c) Make recommendations regarding the disposal of federal land;4-10
(d) Establish methods for resolving issues related to boundaries and4-11
other matters that arise between jurisdictions;4-12
(e) Review:4-13
(1) Master plans, facilities plans and other similar plans, and4-14
amendments thereto, adopted by a governing body, regional agency, state4-15
agency or public utility that is located in whole or in part within the4-16
region; and4-17
(2) The annual plan for capital improvements that is prepared by4-18
each local government in the region pursuant to NRS 278.0226;4-19
(f) Develop and recommend, to the extent practicable, standardized4-20
classifications for land use for the region;4-21
(g) Consider and take necessary action with respect to any issue that4-22
the regional planning coalition determines will have a significant impact4-23
on the region, including, without limitation, projects of regional4-24
significance;4-25
(h) Review, consider and make recommendations regarding4-26
applications submitted to agencies of the Federal Government and4-27
applications for federal assistance for federally-assisted programs or4-28
projects; and4-29
(i) Designate allowable future land uses for each part of the county,4-30
including, without limitation, the identification of each category of land4-31
use in which the construction and operation of a public school is4-32
permissible. The identification of a category of land use in which the4-33
construction and operation of a public school is permissible must be4-34
carried out in consultation with the county school district and include a4-35
determination of whether there is sufficient land in the proximity of a4-36
residential development to meet projected needs for public schools.4-37
2. The regional planning coalition shall establish a definition for the4-38
term "project of regional significance." In establishing the definition, the4-39
regional planning coalition shall consider:4-40
(a) Existing definitions of the term within the Nevada Revised4-41
Statutes; and4-42
(b) That a project may have regional significance for several reasons,4-43
including, without limitation, the potential impact that the project may5-1
have on historic, archaeological, cultural, scenic and natural resources,5-2
public facilities and public services within the region.5-3
Sec. 8. Each governing body, regional agency, state agency or5-4
public utility that is located in whole or in part within the region shall,5-5
not more than once every 2 years, submit to the regional planning5-6
coalition for its review all master plans, facilities plans and other similar5-7
plans of the governing body, regional agency, state agency or public5-8
utility.5-9
Sec. 9. Except as otherwise provided in this section, a governing5-10
body, regional agency, state agency or public utility that is located in5-11
whole or in part within the region shall not adopt a master plan, facilities5-12
plan or other similar plan, or an amendment thereto, after March 1,5-13
2001, unless the regional planning coalition has been afforded an5-14
opportunity to make recommendations regarding the plan or5-15
amendment. A governing body, regional agency, state agency or public5-16
utility may adopt an amendment to a land use plan described in5-17
paragraph (f) of subsection 1 of NRS 278.160 without affording the5-18
regional planning coalition the opportunity to make recommendations5-19
regarding the amendment.5-20
Sec. 10. The regional planning coalition shall, on or before July 15-21
of each year, prepare and adopt a budget for the immediately succeeding5-22
fiscal year and shall submit that budget to each of the local governments5-23
within the region as a recommendation for funding.5-24
Sec. 11. The regional planning coalition may employ persons or5-25
contract for services necessary to carry out:5-26
1. The provisions of sections 2 and 4 to 12, inclusive, of this act; and5-27
2. Other responsibilities set forth in the cooperative agreement5-28
pursuant to which the regional planning coalition was established5-29
pursuant to section 4 of this act.5-30
Sec. 12. 1. Not more than once every 2 years, the regional5-31
planning coalition shall review the master plans, facilities plans and5-32
other similar plans that it receives pursuant to section 8 of this act, and5-33
determine whether those plans are in substantial conformance with the5-34
comprehensive regional policy plan.5-35
2. If the regional planning coalition determines that a plan reviewed5-36
pursuant to subsection 1 is not in substantial conformance with the5-37
comprehensive regional policy plan, the regional planning coalition shall5-38
return the plan to the submitting entity accompanied by5-39
recommendations regarding the manner in which the submitting entity5-40
may bring the plan into substantial conformance with the comprehensive5-41
regional policy plan.5-42
3. Within 90 days after the date on which a submitting entity receives5-43
the plan and recommendations from the regional planning coalition6-1
pursuant to subsection 2, the submitting entity shall provide to the6-2
regional planning coalition a written response setting forth the:6-3
(a) Manner in which the submitting entity changed the plan to be in6-4
substantial conformance with the comprehensive regional policy plan; or6-5
(b) Reasons of the submitting entity for not bringing the plan into6-6
substantial conformance.6-7
4. If the regional planning coalition determines that all the plans6-8
that a city or county is required to submit pursuant to section 8 of this act6-9
are in substantial conformance with the comprehensive regional policy6-10
plan, the regional planning coalition shall issue to the city or county a6-11
certificate or other indicia of that determination. Upon receipt of such a6-12
certificate or other indicia, the city or county, until the next time the6-13
regional planning coalition reviews the plans of the city or county6-14
pursuant to subsection 1, is entitled to establish its own policies and6-15
procedures with respect to regional planning, to the extent that those6-16
policies and procedures do not conflict with federal or state law.6-17
Sec. 13. Each governing body, regional agency, state agency or public6-18
utility that is located in whole or in part within the region shall, on or6-19
before May 1, 2000, submit to the regional planning coalition for its review6-20
all existing master plans, facilities plans and other similar plans of the6-21
governing body, regional agency, state agency or public utility.6-22
Sec. 14. The regional planning coalition:6-23
1. Shall:6-24
(a) On or before March 1, 2001:6-25
(1) Adopt a comprehensive regional policy plan in accordance with6-26
section 5 of this act. Before approving the plan, the regional planning6-27
coalition shall hold public hearings on the proposed plan in the cities and6-28
unincorporated areas within the county.6-29
(2) In cooperation with local governmental entities within the county,6-30
develop guidelines to determine whether master plans, facilities plans and6-31
other similar plans established by those entities would conform with the6-32
comprehensive regional policy plan.6-33
(b) On or before July 1, 2001, establish a preliminary definition for the6-34
term "project of regional significance." In establishing the definition, the6-35
regional planning commission shall consider the factors set forth in6-36
paragraphs (a) and (b) of subsection 2 of section 7 of this act.6-37
(c) On or before July 1, 2002, review the master plans, facilities plans6-38
and other similar plans that it receives pursuant to section 8 of this act, and6-39
determine whether those plans are in conformance with the comprehensive6-40
regional policy plan.6-41
2. May, on or before February 1, 2001, submit three requests for6-42
proposed legislation to the legislature if the regional planning coalition6-43
determines that the proposed legislation is necessary to:7-1
(a) Ensure the adequacy and consistency of activities within the region7-2
that are related to regional planning; or7-3
(b) Enable local governmental entities within the region to carry out7-4
their authority to govern in a more efficient manner.7-5
Sec. 15. The provisions of subsection 1 of NRS 354.599 do not apply7-6
to any additional expenses of a local government that are related to the7-7
provisions of this act.7-8
Sec. 16. This act becomes effective on January 1, 2000.~