2005 Nevada Revised Statutes - Chapter 278A — Planned Development

CHAPTER 278A - PLANNED DEVELOPMENT

GENERAL PROVISIONS

NRS 278A.010 Shorttitle.

NRS 278A.020 Legislativedeclaration.

NRS 278A.030 Definitions.

NRS 278A.040 Commonopen space defined.

NRS 278A.050 Landownerdefined.

NRS 278A.060 Planand provisions of the plan defined.

NRS 278A.065 Plannedunit development defined.

NRS 278A.070 Plannedunit residential development defined.

NRS 278A.080 Exerciseof powers by city or county.

STANDARDS AND CONDITIONS FOR PLANNED DEVELOPMENTS

General Provisions

NRS 278A.090 Adoptionof standards and conditions by ordinance.

NRS 278A.100 Permitteduses.

NRS 278A.110 Densityand intensity of use of land.

NRS 278A.120 Commonopen space: Amount and location.

NRS 278A.130 Commonopen space: Dedication of land; development to be organized as common-interestcommunity.

NRS 278A.170 Commonopen space: Procedures for enforcing payment of assessment.

NRS 278A.180 Commonopen space: Maintenance by city or county upon failure of association or otherorganization to maintain; notice; hearing; period of maintenance.

NRS 278A.190 Commonopen space: Assessment of costs of maintenance by city or county; lien.

NRS 278A.210 Publicfacilities.

NRS 278A.220 Evaluationof design, bulk and location of buildings; unreasonable restrictionsprohibited.

Minimum Standards of Design

NRS 278A.230 Adoptionby ordinance.

NRS 278A.240 Typesof units.

NRS 278A.250 Minimumsite.

NRS 278A.270 Drainage.

NRS 278A.280 Firehydrants.

NRS 278A.290 Firelanes.

NRS 278A.300 Exteriorlighting.

NRS 278A.310 Jointlyowned areas: Agreement for maintenance and use.

NRS 278A.320 Parking.

NRS 278A.330 Setbackfrom streets.

NRS 278A.340 Sanitarysewers.

NRS 278A.350 Streets:Construction and design.

NRS 278A.360 Streets:Names and numbers; signs.

NRS 278A.370 Utilities.

ENFORCEMENT AND MODIFICATION OF PROVISIONS OF APPROVED PLAN

NRS 278A.380 Purposesof provisions for enforcement and modification.

NRS 278A.390 Enforcementby city or county.

NRS 278A.400 Enforcementby residents.

NRS 278A.410 Modificationof plan by city or county.

NRS 278A.420 Modificationby residents.

PROCEDURES FOR AUTHORIZATION OF PLANNED DEVELOPMENT

General Provisions

NRS 278A.430 Applicabilityand purposes of NRS 278A.440 to 278A.590, inclusive.

Proceedings for Tentative Approval

NRS 278A.440 Applicationto be filed by landowner.

NRS 278A.450 Application:Form; filing fees; place of filing; tentative map.

NRS 278A.460 Planning,zoning and subdivisions determined by city or county.

NRS 278A.470 Application:Contents.

NRS 278A.480 Publichearing: Notice; time limited for concluding hearing; extension of time.

NRS 278A.490 Grant,denial or conditioning of tentative approval by minute order; specificationsfor final approval.

NRS 278A.500 Minuteorder: Findings of fact required.

NRS 278A.510 Minuteorder: Specification of time for filing application for final approval.

NRS 278A.520 Statusof plan after tentative approval; revocation of tentative approval.

Proceedings for Final Approval

NRS 278A.530 Applicationfor final approval; public hearing not required if substantial compliance withplan tentatively approved.

NRS 278A.540 Whatconstitutes substantial compliance with plan tentatively approved.

NRS 278A.550 Plannot in substantial compliance: Alternative procedures; public hearing; finalaction.

NRS 278A.560 Actionbrought upon failure of city or county to grant or deny final approval.

NRS 278A.570 Certificationand recordation of plan; effect of recordation; modification of approved plan;fees of county recorder.

NRS 278A.580 Rezoningand resubdivision required for further development upon abandonment of orfailure to carry out approved plan.

Judicial Review

NRS 278A.590 Decisionssubject to review; limitation on time for commencement of action or proceeding.

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GENERAL PROVISIONS

NRS 278A.010 Shorttitle. This chapter may be cited as thePlanned Unit Development Law.

(Added to NRS by 1973, 565)(Substituted in revisionfor NRS 280A.010)

NRS 278A.020 Legislativedeclaration. The legislature finds that theprovisions of this chapter are necessary to further the public health, safety,morals and general welfare in an era of increasing urbanization and of growingdemand for housing of all types and design; to provide for necessary commercialand industrial facilities conveniently located to that housing; to encourage amore efficient use of land, public services or private services in lieuthereof; to reflect changes in the technology of land development so thatresulting economies may be made available to those who need homes; to insurethat increased flexibility of substantive regulations over land developmentauthorized in this chapter be administered in such a way as to encourage thedisposition of proposals for land development without undue delay, and arecreated for the use of cities and counties in the adoption of the necessaryordinances.

(Added to NRS by 1973, 565; A 1981, 130)

NRS 278A.030 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS278A.040 to 278A.070, inclusive,have the meanings ascribed to them in such sections.

(Added to NRS by 1973, 566)(Substituted in revisionfor NRS 280A.030)

NRS 278A.040 Commonopen space defined. Common open space meansa parcel or parcels of land or an area of water or a combination of land andwater or easements, licenses or equitable servitudes within the site designatedfor a planned unit development which is designed and intended for the use orenjoyment of the residents or owners of the development. Common open space maycontain such complementary structures and improvements as are necessary andappropriate for the benefit and enjoyment of the residents or owners of thedevelopment.

(Added to NRS by 1973, 566; A 1981, 131; 1989, 933)

NRS 278A.050 Landownerdefined. Landowner means the legal orbeneficial owner or owners of all the land proposed to be included in a plannedunit development. The holder of an option or contract of purchase, a lesseehaving a remaining term of not less than 30 years, or another person having anenforceable proprietary interest in the land is a landowner for the purposes ofthis chapter.

(Added to NRS by 1973, 566; A 1981, 131)

NRS 278A.060 Planand provisions of the plan defined. Planmeans the provisions for development of a planned unit development, including aplat of subdivision, all covenants relating to use, location and bulk ofbuildings and other structures, intensity of use or density of development,private streets, ways and parking facilities, common open space and publicfacilities. The phrase provisions of the plan means the written and graphicmaterials referred to in this section.

(Added to NRS by 1973, 566; A 1981, 131)

NRS 278A.065 Plannedunit development defined.

1. Planned unit development means an area of landcontrolled by a landowner, which is to be developed as a single entity for oneor more planned unit residential developments, one or more public, quasi-public,commercial or industrial areas, or both.

2. Unless otherwise stated, planned unit developmentincludes the term planned unit residential development.

(Added to NRS by 1981, 130; A 1989, 933)

NRS 278A.070 Plannedunit residential development defined. Plannedunit 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, theplan 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 oneresidential district created, from time to time, under the provisions of anyzoning ordinance enacted pursuant to law.

(Added to NRS by 1973, 566)(Substituted in revisionfor NRS 280A.070)

NRS 278A.080 Exerciseof powers by city or county. The powersgranted under the provisions of this chapter may be exercised by any city orcounty which enacts an ordinance conforming to the provisions of this chapter.

(Added to NRS by 1973, 566; A 1977, 1518)(Substitutedin revision for NRS 280A.080)

STANDARDS AND CONDITIONS FOR PLANNED DEVELOPMENTS

General Provisions

NRS 278A.090 Adoptionof standards and conditions by ordinance. Eachordinance enacted pursuant to the provisions of this chapter must set forth thestandards and conditions by which a proposed planned unit development isevaluated.

(Added to NRS by 1973, 567; A 1977, 1518; 1981, 131)

NRS 278A.100 Permitteduses. An ordinance enacted pursuant to theprovisions of this chapter must set forth the uses permitted in a planned unitdevelopment.

(Added to NRS by 1973, 567; A 1977, 1519; 1981, 131)

NRS 278A.110 Densityand intensity of use of land.

1. An ordinance enacted pursuant to the provisions ofthis chapter must establish standards governing the density or intensity ofland use in a planned unit development.

2. The standards must take into account thepossibility that the density or intensity of land use otherwise allowable onthe site under the provisions of a zoning ordinance previously enacted may notbe appropriate for a planned unit development. The standards may vary thedensity or intensity of land use otherwise applicable to the land within theplanned unit development in consideration of:

(a) The amount, location and proposed use of commonopen space.

(b) The location and physical characteristics of thesite of the proposed planned development.

(c) The location, design and type of dwelling units.

(d) The criteria for approval of a tentative map of asubdivision pursuant to subsection 3 of NRS278.349.

3. In the case of a planned unit development which isproposed to be developed over a period of years, the standards may, toencourage the flexibility of density, design and type intended by theprovisions of this chapter, authorize a departure from the density or intensityof use established for the entire planned unit development in the case of eachsection to be developed. The ordinance may authorize the city or county toallow for a greater concentration of density or intensity of land use within asection of development whether it is earlier or later in the development thanthe other sections. The ordinance may require that the approval by the city orcounty of a greater concentration of density or intensity of land use for anysection to be developed be offset by a smaller concentration in any completedprior stage or by an appropriate reservation of common open space on theremaining land by a grant of easement or by covenant in favor of the city orcounty, but the reservation must, as far as practicable, defer the preciselocation of the common open space until an application for final approval isfiled so that flexibility of development, which is a prime objective of thischapter, can be maintained.

(Added to NRS by 1973, 567; A 1977, 1519; 1981, 132;1989, 933)

NRS 278A.120 Commonopen space: Amount and location. The standardsfor a planned unit development established by an ordinance enacted pursuant tothe provisions of this chapter must require that any common open spaceresulting from the application of standards for density or intensity of landuse be set aside for the use and benefit of the residents or owners of thedevelopment and must include provisions by which the amount and location of anycommon open space is determined and its improvement and maintenance secured.

(Added to NRS by 1973, 568; A 1981, 132)

NRS 278A.130 Commonopen space: Dedication of land; development to be organized as common-interestcommunity. The ordinance must provide that thecity or county may accept the dedication of land or any interest therein forpublic use and maintenance, but the ordinance must not require, as a conditionof the approval of a planned unit development, that land proposed to be setaside for common open space be dedicated or made available to public use. Ifany land is set aside for common open space, the planned unit development mustbe organized as a common-interest community in one of the forms permitted by chapter 116 of NRS. The ordinance may requirethat the association for the common-interest community may not be dissolved ordispose of any common open space by sale or otherwise, without first offeringto dedicate the common open space to the city or county. That offer must beaccepted or rejected within 120 days.

(Added to NRS by 1973, 568; A 1975, 979; 1977, 1520;1981, 132; 1991, 584)

NRS 278A.170 Commonopen space: Procedures for enforcing payment of assessment. The procedures for enforcing payment of an assessment forthe maintenance of common open space provided in NRS 116.3116 to 116.31168, inclusive, are also availableto any organization for the ownership and maintenance of common open spaceestablished other than under this chapter or chapter116 of NRS and entitled to receive payments from owners of property forsuch maintenance under a recorded declaration of restrictions, deedrestriction, restrictive covenant or equitable servitude which provides thatany reasonable and ratable assessment thereon for the organizations costs ofmaintaining the common open space constitutes a lien or encumbrance upon theproperty.

(Added to NRS by 1975, 981; A 1991, 585)

NRS 278A.180 Commonopen space: Maintenance by city or county upon failure of association or otherorganization to maintain; notice; hearing; period of maintenance.

1. If the association for the common-interestcommunity or another organization which was formed before January 1, 1992, toown and maintain common open space or any successor association or otherorganization, at any time after the establishment of a planned unitdevelopment, fails to maintain the common open space in a reasonable order andcondition in accordance with the plan, the city or county may serve writtennotice upon that association or other organization or upon the residents of theplanned unit development, setting forth the manner in which the association orother organization has failed to maintain the common open space in reasonablecondition. The notice must include a demand that the deficiencies ofmaintenance be cured within 30 days after the receipt of the notice and muststate the date and place of a hearing thereon. The hearing must be within 14days of the receipt of the notice.

2. At the hearing the city or county may modify theterms of the original notice as to the deficiencies and may give an extensionof time within which they must be cured. If the deficiencies set forth in theoriginal notice or in the modification thereof are not cured within the 30-dayperiod, or any extension thereof, the city or county, in order to preserve thetaxable values of the properties within the planned unit development and toprevent the common open space from becoming a public nuisance, may enter uponthe common open space and maintain it for 1 year.

3. Entry and maintenance does not vest in the publicany right to use the common open space except when such a right is voluntarilydedicated to the public by the owners.

4. Before the expiration of the period of maintenanceset forth in subsection 2, the city or county shall, upon its own initiative orupon the request of the association or other organization previouslyresponsible for the maintenance of the common open space, call a public hearingupon notice to the association or other organization or to the residents of theplanned unit development, to be held by the city or county. At this hearing theassociation or other organization or the residents of the planned unitdevelopment 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 theassociation or other organization is ready and able to maintain the common openspace in a reasonable condition, the city or county shall cease its maintenanceat the end of the year.

6. If the city or county determines the association orother organization is not ready and able to maintain the common open space in areasonable condition, the city or county may, in its discretion, continue themaintenance of the common open space during the next succeeding year, subjectto a similar hearing and determination in each year thereafter.

7. The decision of the city or county in any casereferred to in this section constitutes a final administrative decision subjectto review.

(Added to NRS by 1973, 568; A 1981, 134; 1991, 585)

NRS 278A.190 Commonopen space: Assessment of costs of maintenance by city or county; lien.

1. The total cost of the maintenance undertaken by thecity or county is assessed ratably against the properties within the plannedunit development that have a right of enjoyment of the common open space, andbecomes a tax lien on the properties.

2. The city or county, at the time of entering uponthe common open space to maintain it, must file a notice of the lien in theappropriate recorders office upon the properties affected by the lien withinthe planned unit development.

(Added to NRS by 1973, 569; A 1977, 1521; 1981, 135)

NRS 278A.210 Publicfacilities.

1. The authority granted a city or county by law toestablish standards for the location, width, course and surfacing of publicstreets and highways, alleys, ways for public service facilities, curbs,gutters, sidewalks, street lights, parks, playgrounds, school grounds, stormwater drainage, water supply and distribution, sanitary sewers and sewagecollection and treatment, applies to such improvements within a planned unitdevelopment.

2. The standards applicable to a planned unitdevelopment may be different from or modifications of the standards andrequirements otherwise required of subdivisions which are authorized under anordinance.

(Added to NRS by 1973, 569; A 1977, 1521; 1981, 136)

NRS 278A.220 Evaluationof design, bulk and location of buildings; unreasonable restrictionsprohibited.

1. An ordinance enacted pursuant to this chapter mustset forth the standards and criteria by which the design, bulk and location ofbuildings is evaluated, and all standards and all criteria for any feature of aplanned unit development must be set forth in that ordinance with sufficientcertainty to provide work criteria by which specific proposals for a plannedunit development can be evaluated.

2. Standards in the ordinance must not unreasonablyrestrict the ability of the landowner to relate the plan to the particular siteand 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

NRS 278A.230 Adoptionby ordinance.

1. An ordinance enacted pursuant to this chapter maycontain the minimum design standards set forth in NRS 278A.240 to 278A.360, inclusive.

2. Where reference is made in any of these standardsto a department which does not exist in the city or county concerned, theordinance may provide for the discharge of the duty or exercise of the power byanother 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)

NRS 278A.240 Typesof units. A planned unit residentialdevelopment may consist of attached or detached single-family units, townhouses, cluster units, condominiums, garden apartments or any combinationthereof.

(Added to NRS by 1973, 576; A 1981, 136)

NRS 278A.250 Minimumsite. The minimum site area is 5 acres, exceptthat the governing body may waive this minimum when proper planningjustification is shown.

(Added to NRS by 1973, 576)(Substituted in revisionfor NRS 280A.220)

NRS 278A.270 Drainage. Drainage on the internal private and public streets shallbe as required by the public works department. All common driveways shall drainto either storm sewers or a street section.

(Added to NRS by 1973, 576)(Substituted in revisionfor NRS 280A.240)

NRS 278A.280 Firehydrants. Fire hydrants shall be provided andinstalled as required by the fire department.

(Added to NRS by 1973, 577)(Substituted in revisionfor NRS 280A.250)

NRS 278A.290 Firelanes. Fire lanes shall be provided asrequired 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)

NRS 278A.300 Exteriorlighting. Exterior lighting within thedevelopment shall be provided on private common drives, private vehicularstreets and on public streets. The lighting on all public streets shall conformto the standards approved by the governing body for regular use elsewhere inthe city or county.

(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.270)

NRS 278A.310 Jointlyowned areas: Agreement for maintenance and use. Wheneverany property or facility such as parking lots, storage areas, swimming pools orother areas, is owned jointly, a proper maintenance and use agreement shall berecorded as a covenant with the property.

(Added to NRS by 1973, 577)(Substituted in revisionfor NRS 280A.280)

NRS 278A.320 Parking. A minimum of one parking space shall be provided for eachdwelling unit.

(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.290)

NRS 278A.330 Setbackfrom streets. Setback of buildings and othersight restrictions at the intersection of public or private streets shallconform to local standards.

(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.300)

NRS 278A.340 Sanitarysewers. Sanitary sewers shall be installed andmaintained as required by the public works department. Sanitary sewers to bemaintained by the governing body and not located in public streets shall belocated in easements and shall be constructed in accordance with therequirements of the public works department.

(Added to NRS by 1973, 577)(Substituted in revisionfor NRS 280A.310)

NRS 278A.350 Streets:Construction and design.

1. The streets within the development may be privateor public.

2. All private streets shall be constructed asrequired by the public works department. The construction of all streets shallbe inspected by the public works department.

3. All public streets shall conform to the designstandards approved by the governing body.

(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.320)

NRS 278A.360 Streets:Names and numbers; signs. All private streetsshall be named and numbered as required by the governing body. A signcomparable to street name signs bearing the words private street shall bemounted directly below the street name sign.

(Added to NRS by 1973, 578)(Substituted in revisionfor NRS 280A.330)

NRS 278A.370 Utilities. The installation and type of utilities shall comply withthe 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

NRS 278A.380 Purposesof provisions for enforcement and modification.

1. The enforcement and modification of the provisionsof 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 provisionsof the plan must be to further the mutual interest of the residents and ownersof the planned unit development and of the public in the preservation of theintegrity of the plan as finally approved. The enforcement and modification ofprovisions must be drawn also to insure that modifications, if any, in the planwill not impair the reasonable reliance of the residents and owners upon theprovisions of the plan or result in changes that would adversely affect thepublic interest.

(Added to NRS by 1973, 570; A 1981, 136)

NRS 278A.390 Enforcementby city or county. The provisions of the planrelating to:

1. The use of land and the use, bulk and location ofbuildings and structures;

2. The quantity and location of common open space;

3. The intensity of use or the density of residentialunits; and

4. The ratio of residential to nonresidential uses,

must run infavor 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)

NRS 278A.400 Enforcementby residents.

1. All provisions of the plan shall run in favor ofthe residents of the planned unit residential development, but only to theextent expressly provided in the plan and in accordance with the terms of theplan and to that extent such provisions, whether recorded by plat, covenant,easement or otherwise, may be enforced at law or equity by the residents actingindividually, jointly or through an organization designated in the plan to acton their behalf.

2. No provision of the plan exists in favor ofresidents on the planned unit residential development except as to thoseportions of the plan which have been finally approved and have been recorded.

(Added to NRS by 1973, 570)(Substituted in revisionfor NRS 280A.370)

NRS 278A.410 Modificationof plan by city or county. All provisions ofthe 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 relatingto the service or equipment of a public utility unless expressly consented toby the public utility, subject to the following conditions:

1. No such modification, removal or release of theprovisions of the plan by the city or county may affect the rights of theresidents of the planned unit residential development to maintain and enforcethose provisions.

2. No modification, removal or release of theprovisions of the plan by the city or county is permitted except upon a findingby the city or county, following a public hearing that it:

(a) Is consistent with the efficient development andpreservation of the entire planned unit development;

(b) Does not adversely affect either the enjoyment ofland abutting upon or across a street from the planned unit development or thepublic interest; and

(c) Is not granted solely to confer a private benefitupon any person.

(Added to NRS by 1973, 571; A 1981, 137)

NRS 278A.420 Modificationby residents. Residents of the planned unitresidential development may, to the extent and in the manner expresslyauthorized by the provisions of the plan, modify, remove or release theirrights to enforce the provisions of the plan, but no such action may affect theright 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

NRS 278A.430 Applicabilityand purposes of NRS 278A.440 to 278A.590, inclusive. In order to provide an expeditious method for processing aplan for a planned unit development under the terms of an ordinance enactedpursuant to the powers granted under this chapter, and to avoid the delay anduncertainty which would arise if it were necessary to secure approval by amultiplicity of local procedures of a plat or subdivision or resubdivision, aswell as approval of a change in the zoning regulations otherwise applicable tothe property, it is hereby declared to be in the public interest that allprocedures with respect to the approval or disapproval of a planned unitdevelopment and its continuing administration must be consistent with theprovisions set out in NRS 278A.440 to 278A.590, inclusive.

(Added to NRS by 1973, 571; A 1981, 137)

Proceedings for Tentative Approval

NRS 278A.440 Applicationto be filed by landowner. An application fortentative approval of the plan for a planned unit development must be filed byor on behalf of the landowner.

(Added to NRS by 1973, 571; A 1981, 137)

NRS 278A.450 Application:Form; filing fees; place of filing; tentative map.

1. The ordinance enacted pursuant to this chapter mustdesignate the form of the application for tentative approval, the fee forfiling the application and the official of the city or county with whom theapplication is to be filed.

2. The application for tentative approval may includea tentative map. If a tentative map is included, tentative approval may not begranted pursuant to NRS 278A.490 untilthe tentative map has been submitted for review and comment by the agenciesspecified in NRS 278.335.

(Added to NRS by 1973, 571; A 1981, 1317; 1987, 664)

NRS 278A.460 Planning,zoning and subdivisions determined by city or county. Allplanning, zoning and subdivision matters relating to the platting, use anddevelopment of the planned unit development and subsequent modifications of theregulations relating thereto to the extent modification is vested in the cityor county, must be determined and established by the city or county.

(Added to NRS by 1973, 572; A 1981, 138)

NRS 278A.470 Application:Contents. The ordinance may require suchinformation in the application as is reasonably necessary to disclose to thecity or county:

1. The location and size of the site and the nature ofthe landowners interest in the land proposed to be developed.

2. The density of land use to be allocated to parts ofthe site to be developed.

3. The location and size of any common open space andthe form of organization proposed to own and maintain any common open space.

4. The use and the approximate height, bulk and locationof buildings and other structures.

5. The ratio of residential to nonresidential use.

6. The feasibility of proposals for disposition ofsanitary waste and storm water.

7. The substance of covenants, grants or easements orother restrictions proposed to be imposed upon the use of the land, buildingsand structures, including proposed easements or grants for public utilities.

8. The provisions for parking of vehicles and thelocation and width of proposed streets and public ways.

9. The required modifications in the municipal landuse regulations otherwise applicable to the subject property.

10. In the case of plans which call for developmentover a period of years, a schedule showing the proposed times within whichapplications for final approval of all sections of the planned unit developmentare intended to be filed.

(Added to NRS by 1973, 572; A 1977, 1523; 1981, 138)

NRS 278A.480 Publichearing: Notice; time limited for concluding hearing; extension of time.

1. After the filing of an application pursuant to NRS 278A.440 to 278A.470, inclusive, a public hearing onthe application shall be held by the city or county, public notice of whichshall be given in the manner prescribed by law for hearings on amendments to azoning ordinance.

2. The city or county may continue the hearing fromtime to time and may refer the matter to the planning staff for a furtherreport, but the public hearing or hearings shall be concluded within 60 daysafter the date of the first public hearing unless the landowner consents inwriting to an extension of the time within which the hearings shall beconcluded.

(Added to NRS by 1973, 572; A 1977,1524)(Substituted in revision for NRS 280A.460)

NRS 278A.490 Grant,denial or conditioning of tentative approval by minute order; specificationsfor final approval. 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 specifiedconditions not included in the plan as submitted; or

3. Deny tentative approval to the plan.

If tentativeapproval is granted, with regard to the plan as submitted or with regard to theplan with conditions, the city or county shall, as part of its action, specifythe drawings, specifications and form of performance bond that shall accompanyan application for final approval.

(Added to NRS by 1973, 572; A 1977,1524)(Substituted in revision for NRS 280A.470)

NRS 278A.500 Minuteorder: Findings of fact required. The grant ordenial of tentative approval by minute action must set forth the reasons forthe grant, with or without conditions, or for the denial, and the minutes mustset forth with particularity in what respects the plan would or would not be inthe public interest, including but not limited to findings on the following:

1. In what respects the plan is or is not consistentwith the statement of objectives of a planned unit development.

2. The extent to which the plan departs from zoningand subdivision regulations otherwise applicable to the property, including butnot limited to density, bulk and use, and the reasons why these departures areor are not deemed to be in the public interest.

3. The ratio of residential to nonresidential use inthe planned unit development.

4. The purpose, location and amount of the common openspace in the planned unit development, the reliability of the proposals formaintenance and conservation of the common open space, and the adequacy orinadequacy of the amount and purpose of the common open space as related to theproposed density and type of residential development.

5. The physical design of the plan and the manner inwhich the design does or does not make adequate provision for public services,provide adequate control over vehicular traffic, and further the amenities oflight and air, recreation and visual enjoyment.

6. The relationship, beneficial or adverse, of theproposed planned unit development to the neighborhood in which it is proposedto be established.

7. In the case of a plan which proposes developmentover a period of years, the sufficiency of the terms and conditions intended toprotect the interests of the public, residents and owners of the planned unitdevelopment in the integrity of the plan.

(Added to NRS by 1973, 573; A 1981, 138)

NRS 278A.510 Minuteorder: Specification of time for filing application for final approval. Unless the time is specified in an agreement entered intopursuant to NRS 278.0201, if a plan isgranted tentative approval, with or without conditions, the city or countyshall set forth, in the minute action, the time within which an application forfinal approval of the plan must be filed or, in the case of a plan whichprovides for development over a period of years, the periods within whichapplication for final approval of each part thereof must be filed.

(Added to NRS by 1973, 573; A 1985, 2116; 1987, 1305)

NRS 278A.520 Statusof plan after tentative approval; revocation of tentative approval.

1. A copy of the minutes must be mailed to thelandowner.

2. Tentative approval of a plan does not qualify aplat of the planned unit development for recording or authorize development orthe issuance of any building permits. A plan which has been given tentativeapproval as submitted, or which has been given tentative approval withconditions which have been accepted by the landowner, may not be modified,revoked or otherwise impaired by action of the city or county pending anapplication for final approval, without the consent of the landowner.Impairment by action of the city or county is not stayed if an application forfinal approval has not been filed, or in the case of development over a periodof 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 theportion of the area included in the plan for which final approval has not beengiven is subject to local ordinances if:

(a) The landowner elects to abandon the plan or anypart thereof, and so notifies the city or county in writing; or

(b) The landowner fails to file application for thefinal approval within the required time.

(Added to NRS by 1973, 574; A 1977, 1525; 1981, 139)

Proceedings for Final Approval

NRS 278A.530 Applicationfor final approval; public hearing not required if substantial compliance withplan tentatively approved.

1. An application for final approval may be for allthe land included in a plan or to the extent set forth in the tentativeapproval for a section thereof. The application must be made to the city orcounty 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 bondas were set forth in the minutes at the time of the tentative approval and afinal map if required by the provisions of NRS278.010 to 278.630, inclusive.

3. A public hearing on an application for finalapproval of the plan, or any part thereof, is not required if the plan, or anypart thereof, submitted for final approval is in substantial compliance withthe plan which has been given tentative approval.

(Added to NRS by 1973, 574; A 1981, 1317; 1989, 934)

NRS 278A.540 Whatconstitutes substantial compliance with plan tentatively approved. The plan submitted for final approval is in substantialcompliance with the plan previously given tentative approval if anymodification by the landowner of the plan as tentatively approved does not:

1. Vary the proposed gross residential density orintensity of use;

2. Vary the proposed ratio of residential tononresidential use;

3. Involve a reduction of the area set aside forcommon open space or the substantial relocation of such area;

4. Substantially increase the floor area proposed fornonresidential use; or

5. Substantially increase the total ground areascovered by buildings or involve a substantial change in the height ofbuildings.

A publichearing need not be held to consider modifications in the location and designof streets or facilities for water and for disposal of storm water and sanitarysewage.

(Added to NRS by 1973, 574; A 1977, 1525; 1981, 139)

NRS 278A.550 Plannot in substantial compliance: Alternative procedures; public hearing; finalaction.

1. If the plan, as submitted for final approval, isnot in substantial compliance with the plan as given tentative approval, thecity or county shall, within 30 days of the date of the filing of theapplication for final approval, notify the landowner in writing, setting forththe particular ways in which the plan is not in substantial compliance.

2. The landowner may:

(a) Treat such notification as a denial of finalapproval;

(b) Refile his plan in a form which is in substantialcompliance with the plan as tentatively approved; or

(c) File a written request with the city or county thatit hold a public hearing on his application for final approval.

If thelandowner elects the alternatives set out in paragraph (b) or (c) above, he mayrefile his plan or file a request for a public hearing, as the case may be, onor before the last day of the time within which he was authorized by theminutes granting tentative approval to file for final approval, or 30 days fromthe date he receives notice of such refusal, whichever is the later.

3. Any such public hearing shall be held within 30days after request for the hearing is made by the landowner, and notice thereofshall 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 theplan or deny final approval to the plan. The grant or denial of final approvalof the plan shall, in cases arising under this section, contain the mattersrequired with respect to an application for tentative approval by NRS 278A.500.

(Added to NRS by 1973, 575)(Substituted in revisionfor NRS 280A.540)

NRS 278A.560 Actionbrought upon failure of city or county to grant or deny final approval. If the city or county fails to act either by grant ordenial of final approval of the plan within the time prescribed, the landownermay, after 30 days written notice to the city or county, file a complaint inthe district court in and for the appropriate county.

(Added to NRS by 1973, 576)(Substituted in revisionfor NRS 280A.550)

NRS 278A.570 Certificationand recordation of plan; effect of recordation; modification of approved plan;fees of county recorder.

1. A plan which has been given final approval by thecity or county, must be certified without delay by the city or county and filedof record in the office of the appropriate county recorder before anydevelopment occurs in accordance with that plan. A county recorder shall notfile for record any final plan unless it includes:

(a) A final map of the entire final plan or anidentifiable 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 requiredunder NRS 278.377 or evidence that:

(1) The approvals were requested more than 30days 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 otherwiseapplicable to the land included in the plan cease to apply. If the developmentis completed in identifiable phases, then each phase can be recorded. Thezoning and subdivision regulations cease to apply after the recordation of eachphase 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 theprovisions of the plan, or any part finally approved, may be made, nor may itbe impaired by any act of the city or county except with the consent of thelandowner.

4. For the recording or filing of any final map, plator plan, the county recorder shall collect a fee of $50 for the first sheet ofthe map, plat or plan plus $10 for each additional sheet. The fee must bedeposited 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)

NRS 278A.580 Rezoningand resubdivision required for further development upon abandonment of orfailure to carry out approved plan. No furtherdevelopment may take place on the property included in the plan until theproperty is resubdivided and is reclassified by an enactment of an amendment tothe zoning ordinance if:

1. The plan, or a section thereof, is given approvaland, thereafter, the landowner abandons the plan or the section thereof asfinally approved and gives written notification thereof to the city or county;or

2. The landowner fails to carry out the planned unitdevelopment within the specified period of time after the final approval hasbeen granted.

(Added to NRS by 1973, 576; A 1977, 1526; 1981, 140)

Judicial Review

NRS 278A.590 Decisionssubject to review; limitation on time for commencement of action or proceeding.

1. Any decision of the city or county under thischapter granting or denying tentative or final approval of the plan orauthorizing or refusing to authorize a modification in a plan is a finaladministrative decision and is subject to judicial review in properly presentedcases.

2. No action or proceeding may be commenced for thepurpose of seeking judicial relief or review from or with respect to any finalaction, decision or order of any city, county or other governing bodyauthorized by this chapter unless the action or proceeding is commenced within25 days after the date of filing of notice of the final action, decision ororder with the clerk or secretary of the governing body.

(Added to NRS by 1973, 576; A 1991, 49)