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 [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 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:

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 and 4 to 12, inclusive, of this act, unless

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

1-5 regional planning coalition established pursuant to section 4 of this act.

1-6 Sec. 3. 1. The legislature recognizes the need for innovative

1-7 strategies of planning and development that:

1-8 (a) Address the anticipated needs and demands of continued

1-9 urbanization and the corresponding need to protect environmentally

1-10 sensitive areas; and

1-11 (b) Will allow the development of less populous regions of this state if

1-12 such regions:

2-1 (1) Seek increased economic development; and

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

2-3 development in a manner that is environmentally sound.

2-4 2. The legislature further recognizes that innovative strategies of

2-5 planning and development may be superior to conventional strategies of

2-6 planning and development with respect to:

2-7 (a) Protecting environmentally sensitive areas;

2-8 (b) Maintaining the economic viability of agricultural and other

2-9 predominantly rural land uses; and

2-10 (c) Providing cost-effective public facilities and services.

2-11 3. It is the intent of the legislature that each comprehensive regional

2-12 policy plan adopted or amended pursuant to this chapter should set forth

2-13 a process of planning which:

2-14 (a) Allows for:

2-15 (1) The efficient use of land within existing urban areas; and

2-16 (2) The conversion of rural lands to other uses, if such other uses

2-17 are appropriate and consistent with the provisions of this chapter and the

2-18 master plan of each affected city and county.

2-19 (b) Uses innovative and flexible strategies of planning and

2-20 development and creative techniques of land use planning which

2-21 promote sustainable growth, including, without limitation, establishment

2-22 of new towns, the maintenance of open space and mixed-use

2-23 development.

2-24 4. It is the further intent of the legislature that when the governing

2-25 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 use

2-27 of existing facilities and services through redevelopment, interspersion of

2-28 new housing and businesses in established neighborhoods and other

2-29 mechanisms for urban revitalization.

2-30 5. It is the further intent of the legislature that the construction of

2-31 public facilities and the provision of services necessary to support

2-32 development should be coordinated with activities of development to

2-33 ensure that demand for such facilities and services can be met at the time

2-34 the demand is created. In carrying out this intent, local and regional

2-35 governmental entities are encouraged to construct public facilities,

2-36 provide services or carry out development in phases. Public facilities

2-37 constructed and services provided to accommodate new development

2-38 should be consistent with plans for capital improvements prepared

2-39 pursuant to NRS 278.0226.

2-40 Sec. 4. In a county whose population is 400,000 or more, the board

2-41 of county commissioners and the city council of each of at least the three

2-42 largest cities in the county shall establish a regional planning coalition

2-43 by cooperative agreement pursuant to chapter 277 of NRS.

3-1 Sec. 5. 1. The regional planning coalition shall develop a

3-2 comprehensive regional policy plan for the balanced economic, social,

3-3 physical, environmental and fiscal development and orderly management

3-4 of the growth of the region for a period of at least 20 years. The

3-5 comprehensive regional policy plan must contain recommendations of

3-6 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 in

3-9 regional planning within the county.

3-10 (b) Shall ensure that the comprehensive regional policy plan includes

3-11 goals, policies, maps and other documents relating to:

3-12 (1) Conservation, including, without limitation, policies relating to

3-13 the use and protection of natural resources.

3-14 (2) Population, including, without limitation, a projection of

3-15 population growth in the region.

3-16 (3) Land use and development, including, without limitation, a map

3-17 of land use plans that have been adopted by local governmental entities

3-18 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 in

3-24 established neighborhoods; and

3-25 (II) Development in areas in which public services are available.

3-26 3. The regional planning coalition shall not adopt or amend the

3-27 comprehensive regional policy plan unless the adoption or amendment is

3-28 by resolution of the regional planning coalition:

3-29 (a) Carried by the affirmative votes of not less than two-thirds of its

3-30 total membership; and

3-31 (b) Ratified by the board of county commissioners of the county and

3-32 the city council of each city that jointly established the regional planning

3-33 coalition pursuant to section 4 of this act.

3-34 Sec. 6. 1. The regional planning coalition shall study and develop

3-35 methods to provide incentives for the interspersion of new housing and

3-36 businesses in established neighborhoods, including, without limitation,

3-37 the:

3-38 (a) Creation of an expedited process for granting necessary permits

3-39 for a development that features such interspersion; and

3-40 (b) Imposition of a fee for the extension of infrastructure to

3-41 encourage such interspersion.

3-42 2. As used in this section, "infrastructure" means publicly owned or

3-43 publicly supported facilities that are necessary or desirable to support

4-1 intense habitation within a region, including, without limitation, parks,

4-2 roads, schools, community centers, sanitary sewers, facilities for mass

4-3 transit and facilities for the conveyance of water and the treatment of

4-4 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 governmental

4-8 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 and

4-11 other matters that arise between jurisdictions;

4-12 (e) Review:

4-13 (1) Master plans, facilities plans and other similar plans, and

4-14 amendments thereto, adopted by a governing body, regional agency, state

4-15 agency or public utility that is located in whole or in part within the

4-16 region; and

4-17 (2) The annual plan for capital improvements that is prepared by

4-18 each local government in the region pursuant to NRS 278.0226;

4-19 (f) Develop and recommend, to the extent practicable, standardized

4-20 classifications for land use for the region;

4-21 (g) Consider and take necessary action with respect to any issue that

4-22 the regional planning coalition determines will have a significant impact

4-23 on the region, including, without limitation, projects of regional

4-24 significance;

4-25 (h) Review, consider and make recommendations regarding

4-26 applications submitted to agencies of the Federal Government and

4-27 applications for federal assistance for federally-assisted programs or

4-28 projects; and

4-29 (i) Designate allowable future land uses for each part of the county,

4-30 including, without limitation, the identification of each category of land

4-31 use in which the construction and operation of a public school is

4-32 permissible. The identification of a category of land use in which the

4-33 construction and operation of a public school is permissible must be

4-34 carried out in consultation with the county school district and include a

4-35 determination of whether there is sufficient land in the proximity of a

4-36 residential development to meet projected needs for public schools.

4-37 2. The regional planning coalition shall establish a definition for the

4-38 term "project of regional significance." In establishing the definition, the

4-39 regional planning coalition shall consider:

4-40 (a) Existing definitions of the term within the Nevada Revised

4-41 Statutes; and

4-42 (b) That a project may have regional significance for several reasons,

4-43 including, without limitation, the potential impact that the project may

5-1 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 or

5-4 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 planning

5-6 coalition for its review all master plans, facilities plans and other similar

5-7 plans of the governing body, regional agency, state agency or public

5-8 utility.

5-9 Sec. 9. Except as otherwise provided in this section, a governing

5-10 body, regional agency, state agency or public utility that is located in

5-11 whole or in part within the region shall not adopt a master plan, facilities

5-12 plan or other similar plan, or an amendment thereto, after March 1,

5-13 2001, unless the regional planning coalition has been afforded an

5-14 opportunity to make recommendations regarding the plan or

5-15 amendment. A governing body, regional agency, state agency or public

5-16 utility may adopt an amendment to a land use plan described in

5-17 paragraph (f) of subsection 1 of NRS 278.160 without affording the

5-18 regional planning coalition the opportunity to make recommendations

5-19 regarding the amendment.

5-20 Sec. 10. The regional planning coalition shall, on or before July 1

5-21 of each year, prepare and adopt a budget for the immediately succeeding

5-22 fiscal year and shall submit that budget to each of the local governments

5-23 within the region as a recommendation for funding.

5-24 Sec. 11. The regional planning coalition may employ persons or

5-25 contract for services necessary to carry out:

5-26 1. The provisions of sections 2 and 4 to 12, inclusive, of this act; and

5-27 2. Other responsibilities set forth in the cooperative agreement

5-28 pursuant to which the regional planning coalition was established

5-29 pursuant to section 4 of this act.

5-30 Sec. 12. 1. Not more than once every 2 years, the regional

5-31 planning coalition shall review the master plans, facilities plans and

5-32 other similar plans that it receives pursuant to section 8 of this act, and

5-33 determine whether those plans are in substantial conformance with the

5-34 comprehensive regional policy plan.

5-35 2. If the regional planning coalition determines that a plan reviewed

5-36 pursuant to subsection 1 is not in substantial conformance with the

5-37 comprehensive regional policy plan, the regional planning coalition shall

5-38 return the plan to the submitting entity accompanied by

5-39 recommendations regarding the manner in which the submitting entity

5-40 may bring the plan into substantial conformance with the comprehensive

5-41 regional policy plan.

5-42 3. Within 90 days after the date on which a submitting entity receives

5-43 the plan and recommendations from the regional planning coalition

6-1 pursuant to subsection 2, the submitting entity shall provide to the

6-2 regional planning coalition a written response setting forth the:

6-3 (a) Manner in which the submitting entity changed the plan to be in

6-4 substantial conformance with the comprehensive regional policy plan; or

6-5 (b) Reasons of the submitting entity for not bringing the plan into

6-6 substantial conformance.

6-7 4. If the regional planning coalition determines that all the plans

6-8 that a city or county is required to submit pursuant to section 8 of this act

6-9 are in substantial conformance with the comprehensive regional policy

6-10 plan, the regional planning coalition shall issue to the city or county a

6-11 certificate or other indicia of that determination. Upon receipt of such a

6-12 certificate or other indicia, the city or county, until the next time the

6-13 regional planning coalition reviews the plans of the city or county

6-14 pursuant to subsection 1, is entitled to establish its own policies and

6-15 procedures with respect to regional planning, to the extent that those

6-16 policies and procedures do not conflict with federal or state law.

6-17 Sec. 13. Each governing body, regional agency, state agency or public

6-18 utility that is located in whole or in part within the region shall, on or

6-19 before May 1, 2000, submit to the regional planning coalition for its review

6-20 all existing master plans, facilities plans and other similar plans of the

6-21 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 with

6-26 section 5 of this act. Before approving the plan, the regional planning

6-27 coalition shall hold public hearings on the proposed plan in the cities and

6-28 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 and

6-31 other similar plans established by those entities would conform with the

6-32 comprehensive regional policy plan.

6-33 (b) On or before July 1, 2001, establish a preliminary definition for the

6-34 term "project of regional significance." In establishing the definition, the

6-35 regional planning commission shall consider the factors set forth in

6-36 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 plans

6-38 and other similar plans that it receives pursuant to section 8 of this act, and

6-39 determine whether those plans are in conformance with the comprehensive

6-40 regional policy plan.

6-41 2. May, on or before February 1, 2001, submit three requests for

6-42 proposed legislation to the legislature if the regional planning coalition

6-43 determines that the proposed legislation is necessary to:

7-1 (a) Ensure the adequacy and consistency of activities within the region

7-2 that are related to regional planning; or

7-3 (b) Enable local governmental entities within the region to carry out

7-4 their authority to govern in a more efficient manner.

7-5 Sec. 15. The provisions of subsection 1 of NRS 354.599 do not apply

7-6 to any additional expenses of a local government that are related to the

7-7 provisions of this act.

7-8 Sec. 16. This act becomes effective on January 1, 2000.

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