USA Statutes : nevada
Title : Title 22 - COOPERATIVE AGREEMENTS BY PUBLIC AGENCIES; PLANNING AND ZONING; DEVELOPMENT AND REDEVELOPMENT
Chapter : CHAPTER 278A - PLANNED DEVELOPMENT
This chapter may be cited as the
Planned Unit Development Law.
(Added to NRS by 1973, 565)—(Substituted in revision for NRS
280A.010)
The legislature finds that
the provisions of this chapter are necessary to further the public
health, safety, morals and general welfare in an era of increasing
urbanization and of growing demand for housing of all types and design;
to provide for necessary commercial and industrial facilities
conveniently located to that housing; to encourage a more efficient use
of land, public services or private services in lieu thereof; to reflect
changes in the technology of land development so that resulting economies
may be made available to those who need homes; to insure that increased
flexibility of substantive regulations over land development authorized
in this chapter be administered in such a way as to encourage the
disposition of proposals for land development without undue delay, and
are created for the use of cities and counties in the adoption of the
necessary ordinances.
(Added to NRS by 1973, 565; A 1981, 130)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 278A.040
to 278A.070 , inclusive, have the meanings ascribed to
them in such sections.
(Added to NRS by 1973, 566)—(Substituted in revision for NRS
280A.030)
“Common open space”
means a parcel or parcels of land or an area of water or a combination of
land and water or easements, licenses or equitable servitudes within the
site designated for a planned unit development which is designed and
intended for the use or enjoyment of the residents or owners of the
development. Common open space may contain such complementary structures
and improvements as are necessary and appropriate for the benefit and
enjoyment of the residents or owners of the development.
(Added to NRS by 1973, 566; A 1981, 131; 1989, 933)
“Landowner” means the legal or
beneficial owner or owners of all the land proposed to be included in a
planned unit development. The holder of an option or contract of
purchase, a lessee having a remaining term of not less than 30 years, or
another person having an enforceable proprietary interest in the land is
a landowner for the purposes of this chapter.
(Added to NRS by 1973, 566; A 1981, 131)
“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. The phrase “provisions of the plan” means
the written and graphic materials referred to in this section.
(Added to NRS by 1973, 566; A 1981, 131)
1. “Planned unit development” means an area of land controlled by
a landowner, which is to be developed as a single entity for one or more
planned unit residential developments, one or more public, quasi-public,
commercial or industrial areas, or both.
2. Unless otherwise stated, “planned unit development” includes
the term “planned unit residential development.”
(Added to NRS by 1981, 130; A 1989, 933)
“Planned unit residential development” means an area of land controlled
by a landowner, which is to be developed as a single entity for a number
of dwelling units, the plan for which does not correspond in lot size,
bulk or type of dwelling, density, lot coverage and required open space
to the regulations established in any one residential district created,
from time to time, under the provisions of any zoning ordinance enacted
pursuant to law.
(Added to NRS by 1973, 566)—(Substituted in revision for NRS
280A.070)
The powers
granted under the provisions of this chapter may be exercised by any city
or county which enacts an ordinance conforming to the provisions of this
chapter.
(Added to NRS by 1973, 566; A 1977, 1518)—(Substituted in revision
for NRS 280A.080)
STANDARDS AND CONDITIONS FOR PLANNED DEVELOPMENTS
General Provisions
Each ordinance enacted pursuant to the provisions of this chapter must
set forth the standards and conditions by which a proposed planned unit
development is evaluated.
(Added to NRS by 1973, 567; A 1977, 1518; 1981, 131)
An ordinance enacted pursuant to the
provisions of this chapter must set forth the uses permitted in a planned
unit development.
(Added to NRS by 1973, 567; A 1977, 1519; 1981, 131)
1. 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.
2. The standards must take into account the possibility that the
density or intensity of land use otherwise allowable on the site under
the provisions of a zoning ordinance previously enacted may not be
appropriate for a planned unit development. The standards may vary the
density or intensity of land use otherwise applicable to the land within
the planned unit development in consideration of:
(a) The amount, location and proposed use of common open space.
(b) The location and physical characteristics of the site of the
proposed planned development.
(c) The location, design and type of dwelling units.
(d) The criteria for approval of a tentative map of a subdivision
pursuant to subsection 3 of NRS 278.349 .
3. 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. The ordinance may authorize the city or county
to allow for a greater concentration of density or intensity of land use
within a section of development whether it is earlier or later in the
development than the other sections. The ordinance may require that the
approval by the city or county of a greater concentration of density or
intensity of land use for any section to be developed be offset by a
smaller concentration in any completed prior stage or by an appropriate
reservation of common open space on the remaining land by a grant of
easement or by covenant in favor of the city or county, but 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.
(Added to NRS by 1973, 567; A 1977, 1519; 1981, 132; 1989, 933)
The
standards for a planned unit development established by an ordinance
enacted pursuant to the provisions of this chapter must require that any
common open space resulting from the application of standards for density
or intensity of land use be set aside for the use and benefit of the
residents or owners of the development and must include provisions by
which the amount and location of any common open space is determined and
its improvement and maintenance secured.
(Added to NRS by 1973, 568; A 1981, 132)
The ordinance must provide
that the city or county may accept the dedication of land or any interest
therein for public use and maintenance, but the ordinance must not
require, as a condition of the approval of a planned unit development,
that land proposed to be set aside for common open space be dedicated or
made available to public use. If any land is set aside for common open
space, the planned unit development must be organized as a
common-interest community in one of the forms permitted by chapter 116
of NRS. 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 county. That
offer must be accepted or rejected within 120 days.
(Added to NRS by 1973, 568; A 1975, 979; 1977, 1520; 1981, 132;
1991, 584)
The procedures for enforcing payment of an assessment for
the maintenance of common open space provided in NRS 116.3116 to 116.31168 , inclusive, are also available to any
organization for the ownership and maintenance of common open space
established other than under this chapter or chapter 116 of NRS and entitled to receive payments from owners
of property for such maintenance under a recorded declaration of
restrictions, deed restriction, restrictive covenant or equitable
servitude which provides that any reasonable and ratable assessment
thereon for the organization’s costs of maintaining the common open space
constitutes a lien or encumbrance upon the property.
(Added to NRS by 1975, 981; A 1991, 585)
1. If the association for the common-interest community or another
organization which was formed before January 1, 1992, to own and maintain
common open space or any successor association or other organization, at
any time after the establishment of a planned unit development, fails to
maintain the common open space in a reasonable order and condition in
accordance with the plan, the city or county may serve written notice
upon that association or other organization or upon the residents of the
planned unit development, setting forth the manner in which the
association or other organization has failed to maintain the common open
space in reasonable condition. The notice must include a demand that the
deficiencies of maintenance be cured within 30 days after the receipt of
the notice and must state the date and place of a hearing thereon. The
hearing must be within 14 days of the receipt of the notice.
2. At the hearing the city or county may modify the terms of the
original notice as to the deficiencies and may give an extension of time
within which they must be cured. If the deficiencies set forth in the
original notice or in the modification thereof are not cured within the
30-day period, or any extension thereof, the city or county, in order to
preserve the taxable values of the properties within the planned unit
development and to prevent the common open space from becoming a public
nuisance, may enter upon the common open space and maintain it for 1 year.
3. Entry and maintenance does not vest in the public any right to
use the common open space except when such a right is voluntarily
dedicated to the public by the owners.
4. Before the expiration of the period of maintenance set forth in
subsection 2, the city or county shall, upon its own initiative or upon
the request of the association or other organization previously
responsible for the maintenance of the common open space, call a public
hearing upon notice to the association or other organization or to the
residents of the planned unit development, to be held by the city or
county. At this hearing the association or other organization or the
residents of the planned unit development may show cause why the
maintenance by the city or county need not, at the election of the city
or county, continue for a succeeding year.
5. If the city or county determines that the association or other
organization is ready and able to maintain the common open space in a
reasonable condition, the city or county shall cease its maintenance at
the end of the year.
6. If the city or county determines the association or other
organization is not ready and able to maintain the common open space in a
reasonable condition, the city or county may, in its discretion, continue
the maintenance of the common open space during the next succeeding year,
subject to a similar hearing and determination in each year thereafter.
7. The decision of the city or county in any case referred to in
this section constitutes a final administrative decision subject to
review.
(Added to NRS by 1973, 568; A 1981, 134; 1991, 585)
1. The total cost of the maintenance undertaken by the city or
county is assessed ratably against the properties within the planned unit
development that have a right of enjoyment of the common open space, and
becomes a tax lien on the properties.
2. The city or county, at the time of entering upon the common
open space to maintain it, must file a notice of the lien in the
appropriate recorder’s office upon the properties affected by the lien
within the planned unit development.
(Added to NRS by 1973, 569; A 1977, 1521; 1981, 135)
1. The authority granted a city or county by law to establish
standards for the location, width, course and surfacing of public streets
and highways, alleys, ways for public service facilities, curbs, gutters,
sidewalks, street lights, parks, playgrounds, school grounds, storm water
drainage, water supply and distribution, sanitary sewers and sewage
collection and treatment, applies to such improvements within a planned
unit development.
2. The standards applicable to a planned unit development may be
different from or modifications of the standards and requirements
otherwise required of subdivisions which are authorized under an
ordinance.
(Added to NRS by 1973, 569; A 1977, 1521; 1981, 136)
1. An ordinance enacted pursuant to this chapter must set forth
the standards and criteria by which the design, bulk and location of
buildings is evaluated, and all standards and all criteria for any
feature of a planned unit development must be set forth in that ordinance
with sufficient certainty to provide work criteria by which specific
proposals for a planned unit development can be evaluated.
2. Standards in the ordinance must not unreasonably restrict the
ability of the landowner to relate the plan to the particular site and to
the particular demand for housing existing at the time of development.
(Added to NRS by 1973, 570; A 1981, 136)
Minimum Standards of Design
1. An ordinance enacted pursuant to this chapter may contain the
minimum design standards set forth in NRS 278A.240 to 278A.360 , inclusive.
2. Where reference is made in any of these standards to a
department which does not exist in the city or county concerned, the
ordinance may provide for the discharge of the duty or exercise of the
power by another agency of the city or county or by the governing body.
(Added to NRS by 1973, 576; A 1977, 1522)—(Substituted in revision
for NRS 280A.200)
A planned unit residential
development may consist of attached or detached single-family units, town
houses, cluster units, condominiums, garden apartments or any combination
thereof.
(Added to NRS by 1973, 576; A 1981, 136)
The minimum site area is 5 acres,
except that the governing body may waive this minimum when proper
planning justification is shown.
(Added to NRS by 1973, 576)—(Substituted in revision for NRS
280A.220)
Drainage on the internal private and
public streets shall be as required by the public works department. All
common driveways shall drain to either storm sewers or a street section.
(Added to NRS by 1973, 576)—(Substituted in revision for NRS
280A.240)
Fire hydrants shall be provided and
installed as required by the fire department.
(Added to NRS by 1973, 577)—(Substituted in revision for NRS
280A.250)
Fire lanes shall be provided as required
by the fire department. Fire lanes may be grass areas.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision
for NRS 280A.260)
Exterior lighting within the
development shall be provided on private common drives, private vehicular
streets and on public streets. The lighting on all public streets shall
conform to the standards approved by the governing body for regular use
elsewhere in the city or county.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision
for NRS 280A.270)
Whenever any property or facility such as parking lots, storage
areas, swimming pools or other areas, is owned jointly, a proper
maintenance and use agreement shall be recorded as a covenant with the
property.
(Added to NRS by 1973, 577)—(Substituted in revision for NRS
280A.280)
A minimum of one parking space shall be
provided for each dwelling unit.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision
for NRS 280A.290)
Setback of buildings and other
sight restrictions at the intersection of public or private streets shall
conform to local standards.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision
for NRS 280A.300)
Sanitary sewers shall be installed
and maintained as required by the public works department. Sanitary
sewers to be maintained by the governing body and not located in public
streets shall be located in easements and shall be constructed in
accordance with the requirements of the public works department.
(Added to NRS by 1973, 577)—(Substituted in revision for NRS
280A.310)
1. The streets within the development may be private or public.
2. All private streets shall be constructed as required by the
public works department. The construction of all streets shall be
inspected by the public works department.
3. All public streets shall conform to the design standards
approved by the governing body.
(Added to NRS by 1973, 577; A 1977, 1522)—(Substituted in revision
for NRS 280A.320)
All private
streets shall be named and numbered as required by the governing body. A
sign comparable to street name signs bearing the words “private street”
shall be mounted directly below the street name sign.
(Added to NRS by 1973, 578)—(Substituted in revision for NRS
280A.330)
The installation and type of utilities
shall comply with the local building code or be prescribed by ordinance.
(Added to NRS by 1973, 578; A 1977, 1523)—(Substituted in revision
for NRS 280A.340)
ENFORCEMENT AND MODIFICATION OF PROVISIONS OF APPROVED PLAN
1. The enforcement and modification of the provisions of the plan
as finally approved, whether or not these are recorded by plat, covenant,
easement or otherwise, are subject to the provisions contained in NRS
278A.390 , 278A.400 and 278A.410 .
2. 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 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.
(Added to NRS by 1973, 570; A 1981, 136)
The provisions of the
plan relating to:
1. The use of land and the use, bulk and location of buildings and
structures;
2. The quantity and location of common open space;
3. The intensity of use or the density of residential units; and
4. The ratio of residential to nonresidential uses,
Ê must run in favor of the city or county and are enforceable in law by
the city or county, without limitation on any powers of regulation of the
city or county.
(Added to NRS by 1973, 570; A 1981, 136)
1. All provisions of the plan shall run in favor of the residents
of the planned unit residential development, but only to the extent
expressly provided in the plan and in accordance with the terms of the
plan and to that extent such provisions, whether recorded by plat,
covenant, easement or otherwise, may be enforced at law or equity by the
residents acting individually, jointly or through an organization
designated in the plan to act on their behalf.
2. No provision of the plan exists in favor of residents on the
planned unit residential development except as to those portions of the
plan which have been finally approved and have been recorded.
(Added to NRS by 1973, 570)—(Substituted in revision for NRS
280A.370)
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:
1. No such modification, removal or release of the provisions of
the plan by the city or county may affect the rights of the residents of
the planned unit residential development to maintain and enforce those
provisions.
2. 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:
(a) Is consistent with the efficient development and preservation
of the entire planned unit development;
(b) Does not adversely affect either the enjoyment of land abutting
upon or across a street from the planned unit development or the public
interest; and
(c) Is not granted solely to confer a private benefit upon any
person.
(Added to NRS by 1973, 571; A 1981, 137)
Residents of the planned
unit residential development may, to the extent and in the manner
expressly authorized by the provisions of the plan, modify, remove or
release their rights to enforce the provisions of the plan, but no such
action may affect the right of the city or county to enforce the
provisions of the plan.
(Added to NRS by 1973, 571; A 1981, 137)
PROCEDURES FOR AUTHORIZATION OF PLANNED DEVELOPMENT
General Provisions
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 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 NRS 278A.440 to
278A.590 , inclusive.
(Added to NRS by 1973, 571; A 1981, 137)
Proceedings for Tentative Approval
An application
for tentative approval of the plan for a planned unit development must be
filed by or on behalf of the landowner.
(Added to NRS by 1973, 571; A 1981, 137)
1. The ordinance enacted pursuant to this chapter must designate
the form of the application for tentative approval, the fee for filing
the application and the official of the city or county with whom the
application is to be filed.
2. The application for tentative approval may include a tentative
map. If a tentative map is included, tentative approval may not be
granted pursuant to NRS 278A.490
until the tentative map has been submitted for review and comment by the
agencies specified in NRS 278.335 .
(Added to NRS by 1973, 571; A 1981, 1317; 1987, 664)
All planning, zoning and subdivision matters relating to the
platting, use and development of the planned unit development and
subsequent modifications of the regulations relating thereto to the
extent modification is vested in the city or county, must be determined
and established by the city or county.
(Added to NRS by 1973, 572; A 1981, 138)
The ordinance may require
such information in the application as is reasonably necessary to
disclose to the city or county:
1. The location and size of the site and the nature of the
landowner’s interest in the land proposed to be developed.
2. The density of land use to be allocated to parts of the site to
be developed.
3. The location and size of any common open space and the form of
organization proposed to own and maintain any common open space.
4. The use and the approximate height, bulk and location of
buildings and other structures.
5. The ratio of residential to nonresidential use.
6. The feasibility of proposals for disposition of sanitary waste
and storm water.
7. 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.
8. The provisions for parking of vehicles and the location and
width of proposed streets and public ways.
9. The required modifications in the municipal land use
regulations otherwise applicable to the subject property.
10. In the case of plans which call for development over a period
of years, a schedule showing the proposed times within which applications
for final approval of all sections of the planned unit development are
intended to be filed.
(Added to NRS by 1973, 572; A 1977, 1523; 1981, 138)
1. After the filing of an application pursuant to NRS 278A.440
to 278A.470 , inclusive, a public hearing on the
application shall be held by the city or county, public notice of which
shall be given in the manner prescribed by law for hearings on amendments
to a zoning ordinance.
2. The city or county may continue the hearing from time to time
and may refer the matter to the planning staff for a further report, but
the public hearing or hearings shall be concluded within 60 days after
the date of the first public hearing unless the landowner consents in
writing to an extension of the time within which the hearings shall be
concluded.
(Added to NRS by 1973, 572; A 1977, 1524)—(Substituted in revision
for NRS 280A.460)
The city or county
shall, following the conclusion of the public hearing provided for in NRS
278A.480 , by minute action:
1. Grant tentative approval of the plan as submitted;
2. Grant tentative approval subject to specified conditions not
included in the plan as submitted; or
3. Deny tentative approval to the plan.
Ê If tentative approval is granted, with regard to the plan as submitted
or with regard to the plan with conditions, the city or county shall, as
part of its action, specify the drawings, specifications and form of
performance bond that shall accompany an application for final approval.
(Added to NRS by 1973, 572; A 1977, 1524)—(Substituted in revision
for NRS 280A.470)
The grant
or denial of tentative 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:
1. In what respects the plan is or is not consistent with the
statement of objectives of a planned unit development.
2. The extent to which the plan departs from zoning and
subdivision regulations otherwise applicable to the property, including
but not limited to density, bulk and use, and the reasons why these
departures are or are not deemed to be in the public interest.
3. The ratio of residential to nonresidential use in the planned
unit development.
4. 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.
5. The physical design of the plan and the manner in which the
design does or does not make adequate provision for public services,
provide adequate control over vehicular traffic, and further the
amenities of light and air, recreation and visual enjoyment.
6. The relationship, beneficial or adverse, of the proposed
planned unit development to the neighborhood in which it is proposed to
be established.
7. In the case of a plan which proposes development over a period
of years, the sufficiency of the terms and conditions intended to protect
the interests of the public, residents and owners of the planned unit
development in the integrity of the plan.
(Added to NRS by 1973, 573; A 1981, 138)
Unless the time is specified in an
agreement entered into pursuant to NRS 278.0201 , if a plan is granted tentative approval,
with or without conditions, the city or county shall set forth, in the
minute action, the time within which an application for final approval of
the plan must be filed or, in the case of a plan which provides for
development over a period of years, the periods within which application
for final approval of each part thereof must be filed.
(Added to NRS by 1973, 573; A 1985, 2116; 1987, 1305)
1. A copy of the minutes must be mailed to the landowner.
2. Tentative approval of a plan does not qualify a plat of the
planned unit development for recording or authorize development or the
issuance of any building permits. A plan which has been given tentative
approval as submitted, or which has been given tentative approval with
conditions which have been accepted by the landowner, may not be
modified, revoked or otherwise impaired by action of the city or county
pending an application for final approval, without the consent of the
landowner. Impairment by action of the city or county is not stayed if an
application for final approval has not been filed, or in the case of
development over a period of years applications for approval of the
several parts have not been filed, within the time specified in the
minutes granting tentative approval.
3. The tentative approval must 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:
(a) The landowner elects to abandon the plan or any part thereof,
and so notifies the city or county in writing; or
(b) The landowner fails to file application for the final approval
within the required time.
(Added to NRS by 1973, 574; A 1977, 1525; 1981, 139)
Proceedings for Final Approval
1. An application for final approval may be for all the land
included in a plan or to the extent set forth in the tentative approval
for a section thereof. The application must be made to the city or county
within the time specified by the minutes granting tentative approval.
2. The application must include such maps, drawings,
specifications, covenants, easements, conditions and form of performance
bond as were set forth in the minutes at the time of the tentative
approval and a final map if required by the provisions of NRS 278.010
to 278.630 , inclusive.
3. A public hearing on an application for final approval of the
plan, or any part thereof, is not required if the plan, or any part
thereof, submitted for final approval is in substantial compliance with
the plan which has been given tentative approval.
(Added to NRS by 1973, 574; A 1981, 1317; 1989, 934)
The plan submitted for final approval is in
substantial compliance with the plan previously given tentative approval
if any modification by the landowner of the plan as tentatively approved
does not:
1. Vary the proposed gross residential density or intensity of use;
2. Vary the proposed ratio of residential to nonresidential use;
3. Involve a reduction of the area set aside for common open space
or the substantial relocation of such area;
4. Substantially increase the floor area proposed for
nonresidential use; or
5. Substantially increase the total ground areas covered by
buildings or involve a substantial change in the height of buildings.
Ê A public hearing need not be held to consider modifications in the
location and design of streets or facilities for water and for disposal
of storm water and sanitary sewage.
(Added to NRS by 1973, 574; A 1977, 1525; 1981, 139)
1. If the plan, as submitted for final approval, is not in
substantial compliance with the plan as given tentative approval, the
city or county shall, within 30 days of the date of the filing of the
application for final approval, notify the landowner in writing, setting
forth the particular ways in which the plan is not in substantial
compliance.
2. The landowner may:
(a) Treat such notification as a denial of final approval;
(b) Refile his plan in a form which is in substantial compliance
with the plan as tentatively approved; or
(c) File a written request with the city or county that it hold a
public hearing on his application for final approval.
Ê If the landowner elects the alternatives set out in paragraph (b) or
(c) above, he may refile his plan or file a request for a public hearing,
as the case may be, on or before the last day of the time within which he
was authorized by the minutes granting tentative approval to file for
final approval, or 30 days from the date he receives notice of such
refusal, whichever is the later.
3. Any such public hearing shall be held within 30 days after
request for the hearing is made by the landowner, and notice thereof
shall be given and hearings shall be conducted in the manner prescribed
in NRS 278A.480 .
4. Within 20 days after the conclusion of the hearing, the city or
county shall, by minute action, either grant final approval to the plan
or deny final approval to the plan. The grant or denial of final approval
of the plan shall, in cases arising under this section, contain the
matters required with respect to an application for tentative approval by
NRS 278A.500 .
(Added to NRS by 1973, 575)—(Substituted in revision for NRS
280A.540)
If the city or county fails to act either
by grant or denial of final approval of the plan within the time
prescribed, the landowner may, after 30 days’ written notice to the city
or county, file a complaint in the district court in and for the
appropriate county.
(Added to NRS by 1973, 576)—(Substituted in revision for NRS
280A.550)
1. A plan which has been given final approval by the city or
county, must be certified without delay by the city or county and filed
of record in the office of the appropriate county recorder before any
development occurs in accordance with that plan. A county recorder shall
not file for record any final plan unless it includes:
(a) A final map of the entire final plan or an identifiable phase
of the final plan if required by the provisions of NRS 278.010 to 278.630 ,
inclusive;
(b) The certifications required pursuant to NRS 116.2109 ; and
(c) The same certificates of approval as are required under NRS
278.377 or evidence that:
(1) The approvals were requested more than 30 days before
the date on which the request for filing is made; and
(2) The agency has not refused its approval.
2. Except as otherwise provided in this subsection, after the plan
is recorded, the zoning and subdivision regulations otherwise applicable
to the land included in the plan cease to apply. If the development is
completed in identifiable phases, then each phase can be recorded. The
zoning and subdivision regulations cease to apply after the recordation
of each phase to the extent necessary to allow development of that phase.
3. Pending completion of the planned unit development, or of the
part that has been finally approved, no modification of the provisions of
the plan, or any part finally approved, may be made, nor may it be
impaired by any act of the city or county except with the consent of the
landowner.
4. For the recording or filing of any final map, plat or plan, the
county recorder shall collect a fee of $50 for the first sheet of the
map, plat or plan plus $10 for each additional sheet. The fee must be
deposited in the general fund of the county where it is collected.
(Added to NRS by 1973, 576; A 1975, 1425; 1977, 1525; 1981, 1318;
1989, 934; 1991, 48, 586; 2001, 3220 )
No further development may take place on the property included in the
plan until the property is resubdivided and is reclassified by an
enactment of an amendment to the zoning ordinance if:
1. The plan, or a section thereof, is given approval and,
thereafter, the landowner abandons the plan or the section thereof as
finally approved and gives written notification thereof to the city or
county; or
2. The landowner fails to carry out the planned unit development
within the specified period of time after the final approval has been
granted.
(Added to NRS by 1973, 576; A 1977, 1526; 1981, 140)
Judicial Review
1. Any decision of the city or county under this chapter granting
or denying tentative or final approval of the plan or authorizing or
refusing to authorize a modification in a plan is a final administrative
decision and is subject to judicial review in properly presented cases.
2. No action or proceeding may be commenced for the purpose of
seeking judicial relief or review from or with respect to any final
action, decision or order of any city, county or other governing body
authorized by this chapter unless the action or proceeding is commenced
within 25 days after the date of filing of notice of the final action,
decision or order with the clerk or secretary of the governing body.
(Added to NRS by 1973, 576; A 1991, 49)
