Nevada 2021 Regular Session Status: Enacted 1 D cosponsors

SB 138 — Revises provisions relating to planned development. (BDR 22-566)

Last action — Chapter 222.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2021. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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Bill Text

What changed in the latest version

408 added · 437 removed

Plain-language change summary

The amendments to Senate Bill No. 138 include removing the requirement for a planned unit development to obtain tentative approval before proceeding. This change allows local governments to move forward with development projects more quickly and with fewer bureaucratic hurdles. Additionally, there is a clarification regarding the timeline for accepting or rejecting offers to dedicate common open space, now set at 120 days, which is important for ensuring that community spaces are effectively managed and preserved. Overall, these adjustments aim to streamline the development process and enhance local governance related to planned developments.

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT S.B.
Senate Bill No.
138 SENATE B ILLN O.
138–Senators Lange and Pickard CHAPTER..........
138–SENATORS L ANGE AND PICKARD FEBRUARY 22, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to planned development.
(BDR 22-566) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law gives certain powers to a city or county that enacts an ordinance a city or county may only exercise the powers relating to planned unit development granted if the county or city enacts an ordinance for planned development that conforms to the requirements of chapter 278A of NRS.
Existing law gives certain powers to a city or county that enacts an ordinance for planned unit development.
(NRS 278A.080) Section 2 of this bill provides that a city or county may only exercise the powers relating to planned unit development granted if the county or city enacts an ordinance for planned development that conforms to the requirements of chapter 278A of NRS.
Section 1 of this bill makes a conforming change to the definition of “plan.” Section 6 of this bill clarifies that an offer to dedicate common open space musExisting law requires an ordinance to set forth all standards and criteria for any feature of a planned unit development with sufficient certainty to provide work criteria by which specific proposals for the development may be evaluated.
Section 1 of this bill makes a conforming change to the definition of “plan.” Section 6 of this bill clarifies that an offer to dedicate common open space must be accepted or rejected within 120 days.
(NRS 278A.220) Section 7 of this bill provides, instead, that the ordinance must set forth all standards and criteria for any feature of a planned unit development with - *SB138_R1* – 2 – development may be evaluated.de criteria by which specific proposals for the Existing law requires the minimum site area for a planned unit development to be 5 acres but authorizes the governing body of the city or county to waive the minimum site area when a proper planning justification is shown.
feature of a planned unit development with sufficient certainty to provide workfor any criteria by which specific proposals for the development may be evaluated.
(NRS 278A.250) Section 8 of this bill provides, instead, that the minimum site area is 5 acres unless the governing body of the city or county provides otherwise in the ordinance.
(NRS 278A.220) Section 7 of this bill provides, instead, that the ordinance must set forth all standards and criteria for any feature of a planned unit development with sufficient certainty to provide criteria by which specific proposals for the development may be evaluated.
Existing law requires the minimum site area for a planned unit development to be 5 acres but authorizes the governing body of the city or county to waive the Section 8 of this bill provides, instead, that the minimum site area is 5 acres unless the governing body of the city or county provides otherwise in the ordinance.
(NRS 278A.320) Section 9 of for each dwelling unit unless the governing body of the city or county providesed otherwise in the ordinance.
(NRS 278A.320) Section 9 of this bill provides, instead, that a minimum of one parking space must be provided for each dwelling unit unless the governing body of the city or county provides otherwise in the ordinance.
Section 10 of this bill removes the requirement in existing law that the enforcement and modification of an approved plan must be to further the interests of the residents and owners of the planned unit development and the public and provides, instead, that the enforcement and modification of an approved plan are subject to the provisions adopted by the governing body in the ordinance.
Section 10 of this bill removes the requirement in existing law that the of the residents and owners of the planned unit development and the public andsts provides, instead, that the enforcement and modification of an approved plan are subject to the provisions adopted by the governing body in the ordinance.
(NRS 278A.380) Section 13 of this bill revises the existing prohibition on a city or county holding a public hearing to provide, instead, that a provision of a plan may be first modified, removed or released without a public hearing upon the application by a landowner to modify, remove or release the provisions of a plan if:
(NRS 278A.380) - 81st Session (2021) – 2 – Section 13 of this bill revises the existing prohibition on a city or county holding a public hearing to provide, instead, that a provision of a plan may be first modified, removed or released without a public hearing upon the application by a landowner to modify, remove or release the provisions of a plan if:
(NRS 278A.410) must submit an application for tentative approval and an application for final approval.
(NRS 278A.410) Existing law requires that a person who proposes a planned unit development must submit an application for tentative approval and an application for final unless otherwise required by the ordinance, tentative approval of a plan for athat planned unit development is not required.
(NRS 278A.440, 278A.530) Section 14 of this bill provides, instead, that unless otherwise required by the ordinance, tentative approval of a plan for a planned unit development is not required.
(NRS 278A.110) the fee for an application for tentative approval.
(NRS 278A.110) Existing law requires an ordinance for planned unit development to designate the fee for an application for tentative approval.
(NRS 278A.450) Section 16 of this bill requires instead that the fee must be set forth in the ordinance or published and made publicly available by the city or county.
(NRS 278A.450) Section 16 of this bill requires instead that the fee must be set forth in the ordinance or published and madeSection 17 of this bill provides that the ordinance may include a schedule showing the times in which additional applications for approval must be filed when a plan calls for development over a period of years.
Section 17 of this bill provides that the ordinance may include a schedule showing the times in which additional applications for approval must be filed when a plan calls for development over a period of years.
must include findings on whether the plan would or would not be consistent withlan the statement of objectives of a planned unit development and the city or county’s master plan, if one has been adopted.
Section 19 of this bill requires that the grant or denial of approval of a plan must include findings on whether the plan would or would not be consistent with the statement of objectives of a planned unit development and the city or county’s master plan, if one has been adopted.
Section 20 of this bill provides that approval of a plan may be revoked under certain circumstances.
Section 20 of this bill provides that approval of a plan may be revoked under certSection 21 of this bill provides that an approved plan may not be modified or impaired by an act of the city or county unless the landowner consents and the modification complies with the procedures in existing law for modifications.
- *SB138_R1* – 3 – Section 21 of this bill provides that an approved plan may not be modified or impaired by an act of the city or county unless the landowner consents and the (NRS 278A.570)omplies with the procedures in existing law for modifications.
(NRS 278A.570) EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
278A.060 “Plan” means the provisions for development of a planned unit development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities.
278A.060 “Plan” means the provisions for development of a planned unit development, including a plat of subdivision, all - 81st Session (2021) – 3 – covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities.
[The phrase “provisions of the plan” means the written and graphic materials referred to in this section.] Sec.
[The phrase “provisions of section.] means the written and graphic materials referred to in this Sec.
An ordinance enacted pursuant to the provisions of this chapter must establish standards governing the density or intensity of land use in a planned unit development.
An ordinance enacted pursuant to the provisions of this chapter must establish standards governing the density or int2.
2.
The standards may vary - *SB138_R1* – 4 – the density or intensity of land use otherwise applicable to the land within the planned unit development in consideration of:
The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit development in consideration of:
In the case of a planned unit development which is proposed to be developed over a period of years, the standards may, to encourage the flexibility of density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit development in the case of each section to be developed.
In the case of a planned unit development which is proposed to be developed over a period of years, the standards may, to - 81st Session (2021) – 4 – provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit development in the case of each section to be developed.
[, but] If the ordinance requires both tentative and final approval of a plan for a planned unit development, the reservation must, as far as practicable, defer the precise location of the common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.
[, but] If the ordinance requires both tentative and final approval of a plan for a planned unit development, the reservation must, as far as practicable, defer the precise location of the common open space until an application for final approval is filed so that flexibility of maintained., which is a prime objective of this chapter, can be Sec.
Sec.
The ordinance may require that the association for the common-interest community may not be dissolved or dispose of any common open space by sale or otherwise, without first offering to dedicate the common open space to the city or - *SB138_R1* – 5 – county.
The ordinance may require that the association for the common-interest community may not be dissolved or dispose of any common open space by sale or otherwise, without first offering to dedicate the common open space to the city or accepted or rejected within 120 days.mmon open space must be Sec.
That offer to dedicate the common open space must be accepted or rejected within 120 days.
Sec.
2.
- 81st Session (2021) – 5 – 2.
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278A.250 The minimum site area is 5 acres [, except that]ws:
unless the governing body [may waive this minimum when proper planning justification is shown.] provides otherwise in the ordinance.
8.
NRS 278A.250 is hereby amended to read as follows:
278A.250 The minimum site area is 5 acres [, except that] unless the governing body [may waive this minimum when proper planning justification is shown.] provides otherwise in the ordinance.
Sec.
[The enforcement and modification of the provisions of the plan must be to further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved.] The enforcement and modification of [provisions] the plan must [be drawn also to insure that modifications, if any, in the plan will] not impair the reasonable reliance of the residents and owners upon the [provisions of the] plan or result in changes that would adversely affect the public interest.
[The enforcement and modification of the provisions of the plan must be to further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved.] The enforcement and modification of [provisions] the plan must [be drawn also to insure that modifications, if any, in the plan will] not impair the reasonable reliance of the residents and owners upon the affect the public interest.
Sec.
result in changes that would adversely Secs.
11.
11 and 12.
12.
(Deleted by amendment.) Sec.
278A.410 All provisions of the plan authorized to be enforced by the city or county may be modified, removed or released by the city or county, except grants or easements relating to the service or - *SB138_R1* – 6 – equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:
278A.410 All provisions of the plan authorized to be enforced by the city or county may be modified, removed or released by the city or county, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:
[No] Except as otherwise provided in subsection 3, no modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or county, following a public hearing , that [it:] the modification, removal or release:
[No] Except as otherwise provided in subsection 3, no modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or - 81st Session (2021) – 6 – county, following a public hearing , that [it:] the modification, removal or release:
(b)] Does not adversely affect either the enjoyment of land within, abutting upon or across a street from the planned unit development or the public interest;
within, abutting upon or across a street from the planned unit development or the public interest;
A city or county may approve a modification, removal or release of the provisions of a plan without a public hearing upon application by or on behalf of a landowner to modify, remove or release the provisions of the plan if :
A city or county may approve a modification, removal or release of the provisions of a plan without a public hearing upon application by or on behalf of a landowner to modify, remove or release the provisions of the plan if:
and (c) The city or county determines that such modification, removal or release :
and (c) The city or county determines that such modification, removal or release:
In order to provide an expeditious method for processing a plan for a planned unit development under the terms of an ordinance enacted pursuant to the powers granted under this chapter, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval by a multiplicity of local procedures of a plat or subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration must be consistent with the provisions set out in this section and NRS 278A.440 to 278A.590, inclusive.
In order to provide an expeditious method for processing a plan for a planned unit development under the terms of an ordinance enacted pursuant to the powers granted under this it were necessary to secure approval by a multiplicity of localse if procedures of a plat or subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit development and its continuing administration must be consistent with the provisions set out in this section and NRS 278A.440 to 278A.590, inclusive.
- *SB138_R1* – 7 – 2.
2.
- 81st Session (2021) – 7 – 278A.440 NRSAn application for tentative or final approval of the plan for a planned unit development must be filed by or on behalf of the landowner.
15.
NRS 278A.440 is hereby amended to read as follows:
278A.440 An application for tentative or final approval of the plan for a planned unit development must be filed by or on behalf of the landowner.
Sec.
The fee for filing the application must be :
The fee for filing the application must be:
or (b) Published and made publicly available by the city or county.
or (b) Published and made publicly available by the city or cou3.y.[The] If the ordinance requires both tentative and final approval, the application for tentative approval may include a tentative map.
3.
[The] If the ordinance requires both tentative and final approval, the application for tentative approval may include a tentative map.
The location and size of any common open space and the form of organization proposed to own and maintain any common open space.
The location and size of any common open space and the open space.anization proposed to own and maintain any common 4.
4.
- *SB138_R1* – 8 – 6.
6.
The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, - 81st Session (2021) – 8 – public utilities.uctures, including proposed easements or grants for 8.
8.
or 3.
or If tentative or final approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the city or county [shall,] may, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval [.] or be included in the approved plan.
Deny tentative or final approval to the plan.
 If tentative or final approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the city or county [shall,] may, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval [.] or be included in the approved plan.
278A.500 The grant or denial of tentative or final approval by minute action must set forth the reasons for the grant, with or without conditions, or for the denial , and the minutes must set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings on the following:
278A.500 The grant or denial of tentative or final approval by minute action must set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes must set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings on the following:
(a) The statement of objectives of a planned unit development [.] ;
(a) The statement of objectives of a planned unit develop(b) The master plan adopted pursuant to NRS 278.150.
and (b) The master plan adopted pursuant to NRS 278.150.
- *SB138_R1* – 9 – 3.
3.
4.
- 81st Session (2021) – 9 – space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
Sec.
278A.520 NRS 1.
20.
NRS 278A.520 is hereby amended to read as follows:
278A.520 1.
3.
if the ordinance requires both tentative and final approval, before final approval of the plan is granted, approval of a plan may be revoked and [the portion of] the area included in the plan [for which final approval has not been given] is subject to local ordinances if:
[The tentative approval must] Before a plan is recorded or, if the ordinance requires both tentative and final approval, before final approval of the plan is granted, approval of a plan may be revoked and [the portion of] the area included in the plan [for which final approval has not been given] is subject to local ordinances if:
- *SB138_R1* – 10 – Sec.
- 81st Session (2021) – 10 – Sec.
and (c) The same certificates of approval as are required under NRS 278.377 or evidence that:
and 278.377 or evidence that:tes of approval as are required under NRS (1) The approvals were requested more than 30 days before the date on which the request for filing is made;
(1) The approvals were requested more than 30 days before the date on which the request for filing is made;
Sec.
Secs.
22.
22-24.
23.
(Deleted by amendment.) Sec.
24.
(Deleted by amendment.) Sec.
H - *SB138_R1*
~~~~~ 21 - 81st Session (2021)
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill revises various requirements for planned unit developments, including eliminating the need for tentative approval and modifying site area and parking requirements.

  • NRS 278A.060

    The phrase “provisions of section.

    The definition of 'plan' is clarified to include specific provisions related to planned unit developments.

  • NRS 278A.080

    The powers granted under the provisions of this chapter may only be exercised by any city or county which enacts an ordinance conforming to the provisions of this chapter.

    Cities or counties can only use the powers regarding planned unit developments if they enact conforming ordinances.

  • NRS 278A.090

    set → set forth all standards and conditions by which a proposed planned unit development is evaluated.

    The ordinance must clearly outline standards and conditions for evaluating planned unit developments.

  • NRS 278A.110

    5 acres except that the governing body may waive this minimum when proper planning justification is shown. → 5 acres unless the governing body provides otherwise in the ordinance.

    Minimum site area for planned unit developments is set at 5 acres, unless altered by the governing body.

  • NRS 278A.320

    A minimum of one parking space shall be provided for each dwelling unit. → A minimum of one parking space must be provided for each dwelling unit unless the governing body provides otherwise in the ordinance.

    Parking requirements are confirmed but can be adjusted by the governing body.

  • NRS 278A.380

    The provisions of the → the enforcement and modification of the plan as finally approved, whether or not the plan is recorded by plat, covenant, easement or

    Enforcement and modification of approved plans are now subject to the ordinance's provisions.

  • NRS 278A.410

    A public hearing must be held for modifications, removals, or releases of a plan. → A provision of a plan may be first modified, removed or released without a public hearing upon the application by a landowner.

    Public hearings are not required for certain modifications to plans.

  • NRS 278A.450

    designate the fee for an application for tentative approval. → The fee must be set forth in the ordinance or published and made known.

    Fee structure for applications is now to be detailed within the ordinance itself.

Amendments

1 amendment

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Action History

  1. Chapter 222.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. In Senate. To enrollment.

  5. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Absent: 1.) To Senate.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Read second time.

  10. From committee: Do pass.

  11. In Assembly. Read first time. Referred to Committee on Government Affairs. To committee.

  12. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 19, Nays: 2.) To Assembly.

  13. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 247.) To printer.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 138?
SB 138 is sponsored by Lange, Roberta (Democratic) and Keith Pickard.
What is the current status of SB 138?
This bill has been enacted into law. Introduced February 22, 2021. Enacted.
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