[Rev. 11/21/2013 10:34:33 AM--2013]

CHAPTER 278A - PLANNED DEVELOPMENT

GENERAL PROVISIONS

NRS 278A.010        Short title.

NRS 278A.020        Legislative declaration.

NRS 278A.030        Definitions.

NRS 278A.040        “Common open space” defined.

NRS 278A.050        “Landowner” defined.

NRS 278A.060        “Plan” and “provisions of the plan” defined.

NRS 278A.065        “Planned unit development” defined.

NRS 278A.070        “Planned unit residential development” defined.

NRS 278A.080        Exercise of powers by city or county.

STANDARDS AND CONDITIONS FOR PLANNED DEVELOPMENTS

General Provisions

NRS 278A.090        Adoption of standards and conditions by ordinance.

NRS 278A.100        Permitted uses.

NRS 278A.110        Density and intensity of use of land.

NRS 278A.120        Common open space: Amount and location; improvement and maintenance.

NRS 278A.130        Common open space: Dedication of land; development to be organized as common-interest community.

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

NRS 278A.180        Common open space: Maintenance by city or county upon failure of association or other organization to maintain; notice; hearing; period of maintenance.

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

NRS 278A.210        Public facilities.

NRS 278A.220        Evaluation of design, bulk and location of buildings; unreasonable restrictions prohibited.

 

Minimum Standards of Design

NRS 278A.230        Adoption by ordinance.

NRS 278A.240        Types of units.

NRS 278A.250        Minimum site.

NRS 278A.270        Drainage.

NRS 278A.280        Fire hydrants.

NRS 278A.290        Fire lanes.

NRS 278A.300        Exterior lighting.

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

NRS 278A.320        Parking.

NRS 278A.330        Setback from streets.

NRS 278A.340        Sanitary sewers.

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        Purposes of provisions for enforcement and modification.

NRS 278A.390        Enforcement by city or county.

NRS 278A.400        Enforcement by residents.

NRS 278A.410        Modification of plan by city or county.

NRS 278A.420        Modification by residents.

PROCEDURES FOR AUTHORIZATION OF PLANNED DEVELOPMENT

General Provisions

NRS 278A.430        Applicability; purposes.

 

Proceedings for Tentative Approval

NRS 278A.440        Application to 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        Public hearing: Notice; time limited for concluding hearing; extension of time.

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

NRS 278A.500        Minute order: Findings of fact required.

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

NRS 278A.520        Mailing of minute order to landowner; status of plan after tentative approval; revocation of tentative approval.

 

Proceedings for Final Approval

NRS 278A.530        Application for final approval; public hearing not required if substantial compliance with plan tentatively approved.

NRS 278A.540        What constitutes substantial compliance with plan tentatively approved.

NRS 278A.550        Plan not in substantial compliance: Alternative procedures; public hearing; final action.

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

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

NRS 278A.580        Rezoning and resubdivision required for further development upon abandonment of or failure to carry out approved plan.

 

Judicial Review

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

_________

_________

GENERAL PROVISIONS

      NRS 278A.010  Short title.  This chapter may be cited as the Planned Unit Development Law.

      (Added to NRS by 1973, 565)—(Substituted in revision for NRS 280A.010)

      NRS 278A.020  Legislative declaration.  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)

      NRS 278A.030  Definitions.  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)

      NRS 278A.040  “Common open space” defined.  “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)

      NRS 278A.050  “Landowner” defined.  “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)

      NRS 278A.060  “Plan” and “provisions of the plan” defined.  “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)

      NRS 278A.065  “Planned unit development” defined.

      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)

      NRS 278A.070  “Planned unit residential development” defined.  “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)

      NRS 278A.080  Exercise of powers by city or county.  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

      NRS 278A.090  Adoption of standards and conditions by ordinance.  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)

      NRS 278A.100  Permitted uses.  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)

      NRS 278A.110  Density and intensity of use of land.

      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)

      NRS 278A.120  Common open space: Amount and location; improvement and maintenance.  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)

      NRS 278A.130  Common open space: Dedication of land; development to be organized as common-interest community.  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)

      NRS 278A.170  Common open space: Procedures for enforcing payment of assessment.  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)

      NRS 278A.180  Common open space: Maintenance by city or county upon failure of association or other organization to maintain; notice; hearing; period of maintenance.

      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)

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

      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)

      NRS 278A.210  Public facilities.

      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)

      NRS 278A.220  Evaluation of design, bulk and location of buildings; unreasonable restrictions prohibited.

      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

      NRS 278A.230  Adoption by ordinance.

      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)

      NRS 278A.240  Types of units.  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)

      NRS 278A.250  Minimum site.  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)

      NRS 278A.270  Drainage.  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)

      NRS 278A.280  Fire hydrants.  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)

      NRS 278A.290  Fire lanes.  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)

      NRS 278A.300  Exterior lighting.  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)

      NRS 278A.310  Jointly owned areas: Agreement for maintenance and use.  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)

      NRS 278A.320  Parking.  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)

      NRS 278A.330  Setback from streets.  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)

      NRS 278A.340  Sanitary sewers.  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)

      NRS 278A.350  Streets: Construction and design.

      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)

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

      NRS 278A.370  Utilities.  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

      NRS 278A.380  Purposes of provisions for enforcement and modification.

      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)

      NRS 278A.390  Enforcement by city or county.  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)

      NRS 278A.400  Enforcement by residents.

      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)

      NRS 278A.410  Modification of plan by city or county.  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)

      NRS 278A.420  Modification by residents.  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

      NRS 278A.430  Applicability; purposes.  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

      NRS 278A.440  Application to be filed by landowner.  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)

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

      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)

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

      NRS 278A.470  Application: Contents.  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)

      NRS 278A.480  Public hearing: 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 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)

      NRS 278A.490  Grant, denial or conditioning of tentative approval by minute order; specifications for 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 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)

      NRS 278A.500  Minute order: Findings of fact required.  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)

      NRS 278A.510  Minute order: Specification of time for filing application for final approval.  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)

      NRS 278A.520  Mailing of minute order to landowner; status of plan after tentative approval; revocation of tentative approval.

      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

      NRS 278A.530  Application for final approval; public hearing not required if substantial compliance with plan tentatively approved.

      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)

      NRS 278A.540  What constitutes substantial compliance with plan tentatively approved.  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)

      NRS 278A.550  Plan not in substantial compliance: Alternative procedures; public hearing; final action.

      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 or her 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 or her application for final approval.

Ê If the landowner elects the alternatives set out in paragraph (b) or (c) above, the landowner may refile his or her 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 the landowner was authorized by the minutes granting tentative approval to file for final approval, or 30 days from the date he or she 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)

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

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

      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)

      NRS 278A.580  Rezoning and resubdivision required for further development upon abandonment of or failure to carry out approved plan.  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

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

      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)