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
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
(Added to NRS by 1973, 565)(Substituted in revisionfor NRS 280A.010)
NRS
(Added to NRS by 1973, 565; A 1981, 130)
NRS
(Added to NRS by 1973, 566)(Substituted in revisionfor NRS 280A.030)
NRS
(Added to NRS by 1973, 566; A 1981, 131; 1989, 933)
NRS
(Added to NRS by 1973, 566; A 1981, 131)
NRS
(Added to NRS by 1973, 566; A 1981, 131)
NRS
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
(Added to NRS by 1973, 566)(Substituted in revisionfor NRS 280A.070)
NRS
(Added to NRS by 1973, 566; A 1977, 1518)(Substitutedin revision for NRS 280A.080)
STANDARDS AND CONDITIONS FOR PLANNED DEVELOPMENTS
General Provisions
NRS
(Added to NRS by 1973, 567; A 1977, 1518; 1981, 131)
NRS
(Added to NRS by 1973, 567; A 1977, 1519; 1981, 131)
NRS
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
(Added to NRS by 1973, 568; A 1981, 132)
NRS
(Added to NRS by 1973, 568; A 1975, 979; 1977, 1520;1981, 132; 1991, 584)
NRS
(Added to NRS by 1975, 981; A 1991, 585)
NRS
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
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
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
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
1. An ordinance enacted pursuant to this chapter maycontain the minimum design standards set forth in
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
(Added to NRS by 1973, 576; A 1981, 136)
NRS
(Added to NRS by 1973, 576)(Substituted in revisionfor NRS 280A.220)
NRS
(Added to NRS by 1973, 576)(Substituted in revisionfor NRS 280A.240)
NRS
(Added to NRS by 1973, 577)(Substituted in revisionfor NRS 280A.250)
NRS
(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.260)
NRS
(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.270)
NRS
(Added to NRS by 1973, 577)(Substituted in revisionfor NRS 280A.280)
NRS
(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.290)
NRS
(Added to NRS by 1973, 577; A 1977,1522)(Substituted in revision for NRS 280A.300)
NRS
(Added to NRS by 1973, 577)(Substituted in revisionfor NRS 280A.310)
NRS
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
(Added to NRS by 1973, 578)(Substituted in revisionfor NRS 280A.330)
NRS
(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
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
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
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
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
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
(Added to NRS by 1973, 571; A 1981, 137)
PROCEDURES FOR AUTHORIZATION OF PLANNED DEVELOPMENT
General Provisions
NRS
(Added to NRS by 1973, 571; A 1981, 137)
Proceedings for Tentative Approval
NRS
(Added to NRS by 1973, 571; A 1981, 137)
NRS
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
(Added to NRS by 1973, 572; A 1981, 138)
NRS
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
1. After the filing of an application pursuant to
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
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
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
(Added to NRS by 1973, 573; A 1985, 2116; 1987, 1305)
NRS
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
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
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
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
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
(Added to NRS by 1973, 575)(Substituted in revisionfor NRS 280A.540)
NRS
(Added to NRS by 1973, 576)(Substituted in revisionfor NRS 280A.550)
NRS
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
(b) The certifications required pursuant to
(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;
NRS
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
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)
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