SUMMARY--Makes various changes concerning regional planning. (BDR 22-1269)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to regional planning; creating an advisory committee on the quality of life for each regional planning commission; setting forth the duties of the advisory committees; establishing a regional planning commission and a local governing board for regional planning in certain counties; expanding the membership of the regional planning commissions and the local governing boards for regional planning; requiring that quality of life be considered in regional planning; authorizing an administrative penalty against local planning commissions; specifying the percentage of the general fund of certain municipalities and counties that must be allocated to the regional planning commission; 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 a new section to read as follows:
1. An advisory committee on the quality of life is hereby created within the jurisdiction of each regional planning commission.
2. The advisory committee must consist of not less than five members who are appointed by the regional planning commission. The regional planning commission shall ensure that the members of the advisory committee are diverse in regard to gender, race, ethnicity and viewpoint. The term of each member of the advisory committee is 1 year.
3. The advisory committee shall:
(a) Advise the regional planning commission regarding the quality of life within its jurisdiction.
(b) Specify relevant indicators of that quality of life, which must include, without limitation, measures of natural resources and conservation, land use and development, public facilities and services, and community resources.
Sec. 2 NRS 278.0262 is hereby amended to read as follows:
278.0262 1. There is hereby created in each county whose population is 100,000 or more [but less than 400,000,] a regional planning commission consisting of:
(a) Three members from the local planning commission of each city in the county whose population is 40,000 or more, appointed by the respective governing bodies of those cities;
(b) One member from the local planning commission of each city in the county whose population is less than 40,000, appointed by the respective governing bodies of those cities; [and]
(c) Three members from the local planning commission of the county, appointed by the governing body of the county, at least two of whom must reside in unincorporated areas of the county [.] ;
(d) One member from the county school district, appointed by the board of trustees of the school district; and
(e) Three members appointed by the plurality vote of the members appointed pursuant to paragraphs (a) to (d), inclusive, from a list of persons who have submitted their names as being interested in representing the region as a whole.
2. Except for the terms of the initial members of the commission, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A member appointed pursuant to paragraph (a), (b) or (c) of subsection 1 who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission. A vacancy must be filled for the unexpired term by the [governing] body which made the original appointment.
3. The commission shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is 40,000 or more, as determined pursuant to a schedule adopted by the commission and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
4. A member of the commission must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.
Sec. 3 NRS 278.0264 is hereby amended to read as follows:
278.0264 1. There is hereby created in each county whose population is 100,000 or more [but less than 400,000,] a governing board for regional planning consisting of:
(a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If [the] such a representative is:
(1) A county commissioner, his district must be one of the two districts in the county with the highest percentage of unincorporated area.
(2) Not a county commissioner, he must reside within an unincorporated area of the county.
(b) Four representatives appointed by the governing body of the largest incorporated city in the county.
(c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is 40,000 or more.
(d) One representative appointed by the governing body of each incorporated city in the county whose population is less than 40,000.
(e) Two representatives appointed by the plurality vote of the members appointed pursuant to paragraphs (a) to (d), inclusive, from a list of persons who have submitted their names as being interested in representing the region as a whole.
2. Except for the terms of the initial members of the governing board, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the [governing] body which made the original appointment.
3. The governing bodies specified in paragraphs (a) to (d), inclusive, of subsection 1 may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board. The governing body may also appoint alternative representatives who may act in the respective absences of the principal appointees.
4. The governing board shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is more than 40,000, as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
5. A member of the governing board who is also a member of the governing body which appointed him shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.
6. The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.
7. The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.
8. The governing board may sue or be sued in any court of competent jurisdiction.
9. The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.
Sec. 4 NRS 278.0272 is hereby amended to read as follows:
278.0272 1. The regional planning commission shall develop a comprehensive regional plan for the physical development and orderly management of the growth of the region for not less than the next 20 years.
2. The plan must consist of written text, appropriate maps and such goals and policies, including , without limitation, those addressing the quality of life within the region and other current and future problems, as may, in the opinion of the commission, affect the region as a whole and are proper for inclusion in the regional plan.
3. In developing the plan, the commission shall:
(a) Review and consider each existing regional plan and master plan that has been adopted pursuant to the provisions of this chapter and that applies to any area in the region, and any similar plan of a local government, and may seek and consider the advice of each local planning commission and any other affected entity; and
(b) Coordinate the elements of the plan and make them consistent with each other.
4. Before approving the plan, the commission must hold a public hearing on the proposed plan in each of the cities within the region and in the unincorporated area of the county.
5. Before amending the plan, the commission must hold at least one public hearing on the proposed amendment at a location in the region [.] , at which it shall consider, without limitation, the effect of the proposed amendment on the quality of life in the region by utilizing the indicators specified by the advisory committee on the quality of life pursuant to section 1 of this act.
6. The approval of the plan or any amendment to it must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of its total membership.
7. The regional planning commission shall review the plan annually, update it not less than every 5 years, and forward its recommendations regarding proposed amendments to the plan to the governing board for adoption. Amendments to the comprehensive regional plan may be proposed only by the regional planning commission, the governing board or a local governing body. Except as otherwise provided in subsection 8, all requests for amendments to the plan must be studied and considered at public hearings held annually by the commission.
8. The commission may consider a proposed amendment and determine whether it is necessary to the health and welfare of the community or substantially benefits the community in general. If the commission determines that the amendment is necessary, it may schedule a public hearing on the amendment at any time. Any person may appeal the determination of the commission to the governing board.
9. Except as otherwise provided in this subsection, notice of the time and place of each hearing required by the provisions of this section must be given by publication in a newspaper of general circulation in the region at least 10 days before the day of the hearing. If there is more than one newspaper of general circulation in the region, notice must be given by publication in at least two such newspapers. Notice of the time and place of the initial meeting of the regional planning commission and the hearing at which the commission receives testimony concerning final approval of the comprehensive regional plan must be given by publication at least 30 days before the day of the meeting or hearing. Notice given pursuant to this subsection must be a display advertisement of not less than 3 inches by 5 inches.
Sec. 5 NRS 278.0274 is hereby amended to read as follows:
278.0274The comprehensive regional plan must include goals, policies, maps and other documents relating to:
1. Population, including a projection of population growth in the region and the resources that will be necessary to support that population.
2. Conservation, including policies relating to the use and protection of air, land, water, and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.
3. Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must allow for a variety of uses, describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses and must be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.
4. Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and ground-water aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction, identify the providers of public services within the region and the area within which each must serve, including service territories set by the public service commission of Nevada for public utilities, and must establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development.
5. Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, "sphere of influence" means an area into which a political subdivision may expand in the foreseeable future.
6. Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.
7. Any utility project required to be reported pursuant to NRS 278.145.
8. The quality of life within the region, including, without limitation, a process for defining and monitoring quality of life and a method for revising policies and programs as necessary to maintain and improve the quality of life in the region.
Sec. 6 NRS 278.0278 is hereby amended to read as follows:
278.0278 1. Before a project of regional significance is approved finally by the county or city and before construction on a project of regional significance may begin, the regional planning commission must make a finding that the project is in conformance with the adopted regional plan [.] , including, without limitation, its policies and goals concerning the quality of life within the region. In making its determination, the commission shall limit its review to the substance and content of the adopted comprehensive regional plan and shall not consider the merits or deficiencies of a project in a manner other than is necessary to enable it to make that determination.
2. If the commission fails to make any finding regarding a project of regional significance within 60 days after the project is submitted to it, it shall be deemed that the commission has made a finding that the project conforms with the regional plan.
3. If the commission determines that the project is not in conformance with the regional plan, the determination may be appealed to the governing board within 45 days after the determination is made. The governing board shall consider the appeal and may reverse the determination of the commission or recommend that the county or city take actions to make the proposal consistent with the comprehensive regional plan. The county or city shall, within 45 days after receipt, consider any such recommendations and direct such changes in the project as are necessary to assure the consistency of the proposal with the adopted regional plan.
4. The limits on time imposed in subsection 2 of NRS 278.315, subsection 5 of NRS 278.330 and subsection 2 of NRS 278.349 are extended by 60 days or such period as may be necessary to complete the review and any appeal provided for in this section.
Sec. 7 NRS 278.02784 is hereby amended to read as follows:
278.027841. The regional planning commission may designate one or more joint planning areas in the comprehensive regional plan.
2. If an area is designated a joint planning area, the county and the affected cities shall jointly adopt a master plan for the area.
3. The master plan for a joint planning area must:
(a) Be consistent with the comprehensive regional plan [;] , including, without limitation, its policies and goals concerning the quality of life within the region;
(b) Designate the portion of the area, if any, that is included within the sphere of influence of a city;
(c) Designate the portion of the area, if any, that is subject to the jurisdiction of the county for planning and zoning and development decisions; and
(d) Be submitted to the regional planning commission for review pursuant to NRS 278.028.
Sec. 8 NRS 278.02788 is hereby amended to read as follows:
278.027881. If a city has a sphere of influence that is designated in the comprehensive regional plan, the city shall adopt a master plan concerning the territory within the sphere of influence. The master plan and any ordinance required by the master plan must be consistent with the comprehensive regional plan [.] , including, without limitation, its policies and goals concerning the quality of life within the region. After adoption and certification of a master plan concerning the territory within the sphere of influence and after adopting the ordinances required by the master plan, if any, the city may exercise any power conferred pursuant to NRS 278.010 to 278.630, inclusive, within its sphere of influence.
2. If the comprehensive regional plan designates that all or part of the sphere of influence of a city is a joint planning area, the master plan and any ordinance adopted by the city pursuant to subsection 1 must be consistent with the master plan that is adopted for the joint planning area [.] , including, without limitation, its policies and goals concerning the quality of life within the region.
3. Before certification of the master plan for the sphere of influence pursuant to NRS 278.028, any action taken by the county pursuant to NRS 278.010 to 278.630, inclusive, within the sphere of influence of a city must be consistent with the comprehensive regional plan [.] , including, without limitation, its policies and goals concerning the quality of life within the region.
4. A person, county or city that is represented on the governing board and is aggrieved by a final determination of the county or, after the certification of the master plan for a sphere of influence, is aggrieved by a final determination of the city, concerning zoning, a subdivision map, a parcel map or the use of land within the sphere of influence may appeal the decision to the regional planning commission within 30 days after the determination. A person, county or city that is aggrieved by the determination of the regional planning commission may appeal the decision to the governing board within 30 days after the determination. A person, county or city that is aggrieved by the determination of the governing board may seek judicial review of the decision within 25 days after the determination.
Sec. 9 NRS 278.028 is hereby amended to read as follows:
278.028 1. Following the initial adoption of the comprehensive regional plan or any portion of it, each local planning commission [,] and any other affected entity shall review its respective master plan, facilities plan and other similar plans, amend them to conform with the provisions of the comprehensive regional plan, and submit them, within 60 days after the adoption of the comprehensive plan, to the regional planning commission. The regional planning commission shall review the plans at one or more public hearings held within 180 days after their submission and determine whether they conform with the comprehensive regional plan [.] , including, without limitation, its policies and goals concerning the quality of life within the region. The regional planning commission shall specify which parts of the plan, if any, are not in conformance and why they fail to conform.
2. If the regional planning commission fails to make a determination within 180 days after the submission of a plan pursuant to this section, the plan shall be deemed to be in conformance with the comprehensive regional plan.
3. An affected entity or local governing body that has submitted a plan and disagrees with the reasons given by the regional planning commission for making a determination of nonconformance pursuant to this section may file an objection with the regional planning commission within 45 days after the issuance of that determination. The affected entity or local governing body shall attach its reasons why the plan is in conformance with the comprehensive regional plan. The regional planning commission shall consider the objection and issue its final determination of conformance or nonconformance within 45 days after the objection is filed. The determination may be appealed to the governing board not later than 30 days after its issuance.
4. Within 45 days after its receipt of an appeal, the governing board shall consider the appeal and issue its decision. If the board affirms the determination of the commission, the affected entity or local governing body shall, within 60 days after the issuance of the decision, propose revisions to the plan and resubmit the plan together with the proposed revisions to the commission for review in accordance with this section.
Sec. 10 NRS 278.0282 is hereby amended to read as follows:
278.0282 1. Before the adoption or amendment of any master plan, facilities plan or other similar plan, each governing body and any other affected entity [shall] must submit the proposed plan or amendment to the regional planning commission, which shall review the plan or amendment at one or more public hearings held within 60 days after its receipt of that plan or amendment and determine whether the proposed plan or amendment conforms with the comprehensive regional plan [.] , including, without limitation, its policies and goals concerning the quality of life within the region. The commission shall specify those parts of the plan or amendment, if any, that are not in conformance and why they fail to conform.
2. Before the adoption or amendment of any master plan, facilities plan or other similar plan by a state agency or a public utility whose plan must be approved by the public service commission of Nevada, the agency or utility [shall] must submit the proposed plan or amendment to the regional planning commission, which shall, within 60 days after its receipt, review the plan or amendment and offer suggestions to the agency or utility regarding the conformance of the plan with the comprehensive regional plan.
3. Except as otherwise provided in NRS 278.028, a local governing body or any other affected entity shall not adopt a master plan, facilities plan or other similar plan, or any amendment to any of those plans, unless the regional planning commission has determined that the plan or amendment is in conformance with the comprehensive regional plan. A proposed plan is in conformance with the comprehensive regional plan if it is not in conflict with the comprehensive regional plan and it promotes the goals and policies of the comprehensive regional plan.
4. If the regional planning commission fails to make a determination within 60 days after its receipt from an affected entity or local governing body of a proposed plan or amendment pursuant to this section, the plan or amendment shall be deemed to be in conformance with the comprehensive regional plan.
5. An affected entity or a local governing body which has submitted a proposed plan and which disagrees with the reasons given by the regional planning commission for making a determination of nonconformance pursuant to this section, may file an objection with the regional planning commission within 45 days after the issuance of that determination. The affected entity or local governing body shall attach its reasons why the plan is in conformance with the comprehensive regional plan. The regional planning commission shall consider the objection and issue its final determination of conformance or nonconformance within 45 days after the objection is filed. The determination may be appealed to the governing board not later than 30 days after its issuance.
6. Within 45 days after its receipt of an appeal, the governing board shall consider the appeal and issue its decision, which must be made by the affirmative votes of a simple majority of its total membership. If the board affirms the determination of the commission, the affected entity or local governing body shall, within 60 days after the issuance of the decision, propose revisions to the plan and resubmit the plan together with those proposed revisions to the commission for review in accordance with the provisions of this section.
7. Any determination of conformance made by the commission pursuant to this section must be made by the affirmative votes of not less than two-thirds of its total membership.
Sec. 11 NRS 278.0286 is hereby amended to read as follows:
278.0286 1. Each local planning commission responsible for the preparation of a city or county master plan and each affected entity shall prepare and submit to the regional planning commission and the governing board a complete report [by] on or before April 1 of each year indicating any action taken within the previous calendar year which furthers or assists in carrying out the policies or programs contained in the comprehensive regional plan, including, without limitation, its policies and goals concerning the quality of life within the region, and any work relating to the comprehensive regional plan that is proposed for the next fiscal year.
2. If the report required by subsection 1 is not submitted timely, the governing board shall, by mail, provide notification of that fact to the local planning commission responsible for the preparation and submission of the report. If the local planning commission fails to submit the report on or before May 1, the governing board may impose on the local planning commission an administrative penalty of $500, which must be deposited in the state general fund.
3. Before submitting a recommendation for proposed legislation or beginning any program or project relating to the mandatory provisions of the comprehensive regional plan, a unit of local government or an affected entity [shall] must file all relevant information relating to that request, program or project with the governing board.
Sec. 12 NRS 278.029 is hereby amended to read as follows:
278.029Nothing contained in the provisions of NRS 278.026 to 278.029, inclusive, and section 1 of this act, requires any entity that has not already adopted a facilities plan to do so.
Sec. 13 NRS 278.120 is hereby amended to read as follows:
278.120 1.The governing body of each municipality and of each county included within a regional planning district is authorized independently or in collaboration with other governing bodies, in their discretion, to appropriate from the [funds] money received by the county or municipality from general taxation or any other source money for the expenses of the regional or county planning commission. Each municipality and each county shall annually allocate not less than 0.3 percent and not more than 0.5 percent of its general fund to the regional planning commission.
2. The county or counties or municipal corporations [shall] may not be [chargeable] charged with any expense incurred by the planning commission except pursuant to such an appropriation.
Sec. 14 1. The initial members of each regional planning commission created by the amendatory provisions of NRS 278.0262 as set forth in section 2 of this act must be appointed as follows:
(a) The members specified in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 278.0262 must be appointed on or before August 1, 1997.
(b) Each governing body referred to in paragraphs (a) and (c) of subsection 1 of NRS 278.0262 shall appoint:
(1) One member who shall serve until July 1, 1999, and until the selection and qualification of his successor;
(2) One member who shall serve until July 1, 2000, and until the selection and qualification of his successor; and
(3) One member who shall serve until July 1, 2001, and until the selection and qualification of his successor.
(c) The members specified in paragraph (e) of subsection 1 of NRS 278.0262 must be appointed on or before September 1, 1997, as follows:
(1) One member must be appointed to serve until July 1, 1999, and until the selection and qualification of his successor;
(2) One member must be appointed to serve until July 1, 2000, and until the selection and qualification of his successor; and
(3) One member must be appointed to serve until July 1, 2001, and until the selection and qualification of his successor.
2. The initial members of each governing board for regional planning created by the amendatory provisions of NRS 278.0264 as set forth in section 3 of this act must be appointed as follows:
(a) The members specified in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 278.0264 must be appointed on or before August 1, 1997.
(b) The board of county commissioners referred to in paragraph (a) of subsection 1 of NRS 278.0264 and each governing body referred to in paragraph (c) of subsection 1 of NRS 278.0264 shall appoint:
(1) One member who shall serve until July 1, 1999, and until the selection and qualification of his successor;
(2) One member who shall serve until July 1, 2000, and until the selection and qualification of his successor; and
(3) One member who shall serve until July 1, 2001, and until the selection and qualification of his successor.
(c) The governing body referred to in paragraph (b) of subsection 1 of NRS 278.0264 shall appoint:
(1) One member who shall serve until July 1, 1999, and until the selection and qualification of his successor;
(2) One member who shall serve until July 1, 2000, and until the selection and qualification of his successor; and
(3) Two members who shall serve until July 1, 2001, and until the selection and qualification of their successors.
(d) The members specified in paragraph (e) of subsection 1 of NRS 278.0264 must be appointed on or before September 1, 1997, as follows:
(1) One member must be appointed to serve until July 1, 1999, and until the selection and qualification of his successor; and
(2) One member must be appointed to serve until July 1, 2000, and until the selection and qualification of his successor.
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 July 1, 1997.