Assembly Bill No. 380–Assemblymen Gustavson,
Angle, Gibbons, Marvel and Grady

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Abolishes requirements relating to spheres of influence in regional planning in certain counties and revises manner in which governing board for regional planning may take action on certain appeals concerning projects of regional significance in certain counties. (BDR 22‑737)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; abolishing the requirements relating to spheres of influence in regional planning in certain counties; revising the manner in which the governing board for regional planning may take action on certain appeals concerning projects of regional significance; 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. NRS 278.026 is hereby amended to read as follows:

1-2  278.026  As used in NRS 278.026 to 278.029, inclusive, unless

1-3  the context otherwise requires:

1-4  1.  “Affected entity” means a public utility, franchise holder,

1-5  local or regional agency, or any other entity having responsibility

1-6  for planning or providing public facilities relating to transportation,

1-7  solid waste, energy generation and transmission, conventions and

1-8  the promotion of tourism, air quality or public education. The term

1-9  does not include:

1-10      (a) A state agency; or

2-1  (b) A public utility which is subject to regulation by the Public

2-2  Utilities Commission of Nevada.

2-3  2.  “Facilities plan” means a plan for the development of public

2-4  facilities which will have a regional impact or which will aid in

2-5  accomplishing regional goals relating to transportation, solid waste,

2-6  energy generation and transmission, conventions and the promotion

2-7  of tourism, air quality or public education. The term does not

2-8  include a plan for the development of a specific site or regulations

2-9  adopted by an affected entity to implement the comprehensive

2-10  regional plan.

2-11      3.  “Governing board” means the governing board for regional

2-12  planning created pursuant to NRS 278.0264.

2-13      4.  “Joint planning area” means an area that is the subject of

2-14  common study and planning by the governing body of a county and

2-15  one or more cities.

2-16      5.  “Project of regional significance,” with respect to a project

2-17  proposed by any person other than a public utility, means a project

2-18  which:

2-19      (a) Has been identified in the guidelines of the regional planning

2-20  commission as a project which will result in the loss or significant

2-21  degradation of a designated historic, archeological, cultural or

2-22  scenic resource;

2-23      (b) Has been identified in the guidelines of the regional planning

2-24  commission as a project which will result in the creation of

2-25  significant new geothermal or mining operations;

2-26      (c) Has been identified in the guidelines of the regional planning

2-27  commission as a project which will have a significant effect on the

2-28  natural resources, public services, public facilities or the adopted

2-29  regional form of the region; or

2-30      (d) Will require a change in zoning, a special use permit, an

2-31  amendment to a master plan, a tentative map or other approval for

2-32  the use of land which, if approved, will have an effect on the region

2-33  of increasing:

2-34          (1) Employment by not less than 938 employees;

2-35          (2) Housing by not less than 625 units;

2-36          (3) Hotel accommodations by not less than 625 rooms;

2-37          (4) Sewage by not less than 187,500 gallons per day;

2-38          (5) Water usage by not less than 625 acre feet per year; or

2-39          (6) Traffic by not less than an average of 6,250 trips

2-40  daily.

2-41  The term does not include any project for which a request for an

2-42  amendment to a master plan, a change in zoning, a tentative map or

2-43  a special use permit has been approved by the local planning

2-44  commission before June 17, 1989.

3-1  6.  “Project of regional significance,” with respect to a project

3-2  proposed by a utility, includes:

3-3  (a) An electric substation;

3-4  (b) A transmission line that carries 60 kilovolts or more;

3-5  (c) A facility that generates electricity greater than 5 megawatts;

3-6  (d) Natural gas storage and peak shaving facilities; and

3-7  (e) Gas regulator stations and mains that operate over 100

3-8  pounds per square inch.

3-9  [7.  “Sphere of influence” means an area into which a city plans

3-10  to expand as designated in the comprehensive regional plan within

3-11  the time designated in the comprehensive regional plan.]

3-12      Sec. 2.  NRS 278.0274 is hereby amended to read as follows:

3-13      278.0274  The comprehensive regional plan must include goals,

3-14  policies, maps and other documents relating to:

3-15      1.  Population, including a projection of population growth in

3-16  the region and the resources that will be necessary to support that

3-17  population.

3-18      2.  Conservation, including policies relating to the use and

3-19  protection of air, land, water and other natural resources, ambient air

3-20  quality, natural recharge areas, floodplains and wetlands, and a map

3-21  showing the areas that are best suited for development based on

3-22  those policies.

3-23      3.  The limitation of the premature expansion of development

3-24  into undeveloped areas, preservation of neighborhoods and

3-25  revitalization of urban areas, including, without limitation, policies

3-26  that relate to the interspersion of new housing and businesses in

3-27  established neighborhoods and set forth principles by which growth

3-28  will be directed to older urban areas.

3-29      4.  Land use and transportation, including the classification of

3-30  future land uses by density or intensity of development based upon

3-31  the projected necessity and availability of public facilities and

3-32  services and natural resources, and the compatibility of development

3-33  in one area with that of other areas in the region. This portion of the

3-34  plan must allow for a variety of uses, describe the transportation

3-35  facilities that will be necessary to satisfy the requirements created

3-36  by those future uses and must be based upon the policies and map

3-37  relating to conservation that are developed pursuant to subsection 2,

3-38  surveys, studies and data relating to the area, the amount of land

3-39  required to accommodate planned growth, the population of the area

3-40  projected pursuant to subsection 1, and the characteristics of

3-41  undeveloped land in the area.

3-42      5.  Public facilities and services, including provisions relating to

3-43  sanitary sewer facilities, solid waste, flood control, potable water

3-44  and ground-water aquifer recharge which are correlated with

3-45  principles and guidelines for future land uses, and which specify

4-1  ways to satisfy the requirements created by those future uses. This

4-2  portion of the plan must:

4-3  (a) Describe the problems and needs of the area relating to

4-4  public facilities and services and the general facilities that will be

4-5  required for their solution and satisfaction;

4-6  (b) Identify the providers of public services within the region

4-7  and the area within which each must serve, including service

4-8  territories set by the Public Utilities Commission of Nevada for

4-9  public utilities;

4-10      (c) Establish the time within which those public facilities and

4-11  services necessary to support the development relating to land use

4-12  and transportation must be made available to satisfy the

4-13  requirements created by that development; and

4-14      (d) Contain a summary prepared by the regional planning

4-15  commission regarding the plans for capital improvements that:

4-16          (1) Are required to be prepared by each local government in

4-17  the region pursuant to NRS 278.0226; and

4-18          (2) May be prepared by the water planning commission of

4-19  the county, the regional transportation commission and the county

4-20  school district.

4-21      6.  Annexation . [, including the identification of spheres of

4-22  influence for each unit of local government, improvement district or

4-23  other service district and specifying standards and policies for

4-24  changing the boundaries of a sphere of influence and procedures for

4-25  the review of development within each sphere of influence. As used

4-26  in this subsection, “sphere of influence” means an area into which a

4-27  political subdivision may expand in the foreseeable future.]

4-28      7.  Intergovernmental coordination, including the establishment

4-29  of guidelines for determining whether local master plans and

4-30  facilities plans conform with the comprehensive regional plan.

4-31      8.  Any utility project required to be reported pursuant to

4-32  NRS 278.145.

4-33      Sec. 3.  NRS 278.0278 is hereby amended to read as follows:

4-34      278.0278  1.  Before a project of regional significance is

4-35  approved finally by the county or city and before construction on a

4-36  project of regional significance may begin, the regional planning

4-37  commission must make a finding that the project is in conformance

4-38  with the adopted regional plan. In making its determination, the

4-39  commission shall limit its review to the substance and content of

4-40  the adopted comprehensive regional plan and shall not consider the

4-41  merits or deficiencies of a project in a manner other than is

4-42  necessary to enable it to make that determination.

4-43      2.  If the commission fails to make any finding regarding a

4-44  project of regional significance within 60 days after the project is

5-1  submitted to it, it shall be deemed that the commission has made a

5-2  finding that the project conforms with the regional plan.

5-3  3.  If the commission determines that the project is not in

5-4  conformance with the regional plan, the determination may be

5-5  appealed to the governing board within 45 days after the

5-6  determination is made. The governing board shall consider the

5-7  appeal and may reverse the determination of the commission or

5-8  recommend that the county or city take actions to make the proposal

5-9  consistent with the comprehensive regional plan. Any action taken

5-10  by the governing board on an appeal pursuant to this subsection

5-11  must be by the affirmative vote of a majority of the representatives

5-12  appointed by each appointing authority pursuant to paragraphs

5-13  (a), (b) and (c) of subsection 1 of NRS 278.0264.

5-14      4.  The county or city shall, within 45 days after receipt[,] of

5-15  recommendations from the governing board pursuant to

5-16  subsection 3, consider any such recommendations and direct such

5-17  changes in the project as are necessary to assure the consistency of

5-18  the proposal with the adopted regional plan.

5-19      [4.] 5.  The limits on time imposed in subsection 2 of NRS

5-20  278.315, subsection 5 of NRS 278.330 and subsection 2 of NRS

5-21  278.349 are extended by 60 days or such period as may be necessary

5-22  to complete the review and any appeal provided for in this section.

5-23      Sec. 4.  NRS 278.02784 is hereby amended to read as follows:

5-24      278.02784  1.  The regional planning commission may

5-25  designate one or more joint planning areas in the comprehensive

5-26  regional plan.

5-27      2.  If an area is designated a joint planning area, the county and

5-28  the affected cities shall jointly adopt a master plan for the area.

5-29      3.  The master plan for a joint planning area must:

5-30      (a) Be consistent with the comprehensive regional plan;

5-31      (b) [Designate the portion of the area, if any, that is included

5-32  within the sphere of influence of a city;

5-33      (c)] Designate the portion of the area, if any, that is subject to

5-34  the jurisdiction of the county for planning and zoning and

5-35  development decisions; and

5-36      [(d)] (c) Be submitted to the regional planning commission for

5-37  review pursuant to NRS 278.028.

5-38      Sec. 5.  NRS 268.625 is hereby amended to read as follows:

5-39      268.625  1.  A city located in a county whose population is

5-40  100,000 or more but less than 400,000 that has adopted a

5-41  comprehensive regional plan pursuant to NRS 278.026 to 278.029,

5-42  inclusive, shall adopt a program of annexation. The program must

5-43  identify areas [in any sphere of influence of the city] to be

5-44  considered for annexation by the city within the next 7 years. The

5-45  city shall not consider the annexation of any area that is not [within

6-1  the designated sphere of influence and is not] included in its

6-2  program of annexation.

6-3  2.  Before adopting a program of annexation pursuant to

6-4  subsection 1, the city must hold one or more public hearings. Notice

6-5  of the time and place of the hearing must be mailed to all owners of

6-6  real property in the proposed program of annexation. At the public

6-7  hearing the city shall consider:

6-8  (a) The location of property to be considered for annexation;

6-9  (b) The logical extension of city limits;

6-10      (c) The need for the expansion to accommodate planned

6-11  regional growth;

6-12      (d) The location of existing and planned water and sewer

6-13  service;

6-14      (e) Community goals that would be met by any proposed

6-15  annexation;

6-16      (f) The efficient and cost-effective provision of service areas and

6-17  capital facilities; and

6-18      (g) Any other factors concerning any proposed annexation

6-19  deemed appropriate for consideration by the governing body of the

6-20  city.

6-21      3.  The city shall submit its program of annexation adopted

6-22  pursuant to subsection 1 to the regional planning commission and

6-23  the county in which the city is located for recommendations.

6-24      4.  The regional planning commission must certify that a

6-25  program of annexation adopted pursuant to subsection 1 conforms

6-26  with the comprehensive regional plan before the program is put into

6-27  effect. The county or the city may appeal an adverse determination

6-28  of the regional planning commission in the manner provided in

6-29  subsections 3 and 4 of NRS 278.028.

6-30      5.  After certification of a program of annexation pursuant to

6-31  subsection 4, any facilities plan, capital improvement program,

6-32  development project or location of facilities by a county, a city, an

6-33  annexation commission, a regional planning commission, the

6-34  governing board or any other affected entity must be consistent with

6-35  the certified program of annexation.

6-36      Sec. 6.  NRS 268.623 and 278.02788 are hereby repealed.

6-37      Sec. 7.  This act becomes effective on July 1, 2003.

 

6-38  TEXT OF REPEALED SECTIONS

 

6-39      268.623  “Sphere of influence” defined. “Sphere of

6-40   influence” means an area into which a city plans to expand as

7-1  designated in a comprehensive regional plan adopted pursuant to

7-2  NRS 278.026 to 278.029, inclusive, within the time designated in

7-3   the comprehensive regional plan.

7-4  278.02788  Adoption of master plan for sphere of influence;

7-5   appeal of decision concerning use of land within sphere of

7-6   influence.

7-7  1.  If a city has a sphere of influence that is designated in the

7-8   comprehensive regional plan, the city shall adopt a master plan

7-9   concerning the territory within the sphere of influence. The master

7-10   plan and any ordinance required by the master plan must be

7-11   consistent with the comprehensive regional plan. After adoption

7-12   and certification of a master plan concerning the territory within the

7-13   sphere of influence and after adopting the ordinances required by

7-14   the master plan, if any, the city may exercise any power conferred

7-15   pursuant to NRS 278.010 to 278.630, inclusive, within its sphere of

7-16   influence.

7-17      2.  If the comprehensive regional plan designates that all or part

7-18   of the sphere of influence of a city is a joint planning area, the

7-19   master plan and any ordinance adopted by the city pursuant to

7-20   subsection 1 must be consistent with the master plan that is adopted

7-21   for the joint planning area.

7-22      3.  Before certification of the master plan for the sphere of

7-23   influence pursuant to NRS 278.028, any action taken by the county

7-24   pursuant to NRS 278.010 to 278.630, inclusive, within the sphere

7-25   of influence of a city must be consistent with the comprehensive

7-26   regional plan.

7-27      4.  A person, county or city that is represented on the governing

7-28   board and is aggrieved by a final determination of the county or,

7-29   after the certification of the master plan for a sphere of influence, is

7-30   aggrieved by a final determination of the city, concerning zoning, a

7-31   subdivision map, a parcel map or the use of land within the sphere

7-32   of influence may appeal the decision to the regional planning

7-33   commission within 30 days after the determination. A person,

7-34   county or city that is aggrieved by the determination of the regional

7-35   planning commission may appeal the decision to the governing

7-36   board within 30 days after the determination. A person, county or

7-37   city that is aggrieved by the determination of the governing board

7-38   may seek judicial review of the decision within 25 days after the

7-39   determination.

 

 

7-40  H