Senate Bill No. 191–Senator Titus
February 15, 1999
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Referred to Committee on Government Affairs
SUMMARY—Establishes requirements relating to projects of significant impact in Las Vegas urban growth zone. (BDR S-34)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. 1. A person who proposes to develop a project of1-2
significant impact within the Las Vegas urban growth zone, as that zone is1-3
described in NRS 463.3094, shall, unless the project was approved before1-4
the effective date of this act, submit an impact statement to the local1-5
government or unit thereof having authority over the zoning and approval1-6
of the project. The impact statement must be submitted at or before the time1-7
at which the project is being considered for approval.1-8
2. An impact statement required pursuant to subsection 1 must set1-9
forth:1-10
(a) The number of vehicle trips that the project will generate, estimated1-11
by applying to the proposed project the average trip rates for the peak days1-12
and hours established by the Institute of Transportation Engineers or its1-13
successor.1-14
(b) The estimated number of additional pupils per grade that the project1-15
will cause to be enrolled in local schools.2-1
(c) The quantity of sewage effluent that the project will generate,2-2
estimated by applying a sewage generation factor established by the2-3
provider of sewer service or an equivalent calculation to the number of2-4
units or area of indoor floor space that will be created by the project.2-5
(d) The quantity of water that the project will demand during and after2-6
its construction, estimated by applying a demand factor established by the2-7
provider of water service or an equivalent calculation to the number of2-8
units that will be created by and the gross acreage that will be occupied by2-9
the project.2-10
(e) The increase in quantity of storm water runoff that the project will2-11
generate, estimated by using standard hydrologic methods.2-12
(f) The distance from the site on which the project will be located to the2-13
nearest facilities from which fire-fighting, police and emergency services2-14
are provided.2-15
(g) The existing capacities of schools, roads, sources of water supply2-16
and facilities for wastewater and flood control that will be affected by the2-17
project. This information must be obtained from the appropriate local2-18
providers of those services.2-19
(h) A brief statement setting forth the anticipated effect of the project on2-20
housing, mass transit, open space and recreation.2-21
3. A person shall not develop in phases, subdivide or otherwise2-22
partition a proposed project for the purpose of evading or avoiding the2-23
provisions of this section.2-24
4. An impact statement required pursuant to this section need not2-25
repeat information or data relevant to such a statement that is a matter of2-26
public record or is generally available to the public, including, without2-27
limitation, information:2-28
(a) Contained in a report required by another federal or state law or2-29
local ordinance; or2-30
(b) Regarding a phase of a project that consists of multiple phases of2-31
construction, if information pertaining to that phase has already been2-32
disclosed in a report pertaining to another phase or to the project as a2-33
whole.2-34
5. A local government or unit thereof having authority over the zoning2-35
and approval of a project of significant impact shall not approve such a2-36
project unless:2-37
(a) An impact statement has been submitted for the project pursuant to2-38
subsection 1; and2-39
(b) The local government or unit thereof determines that the capacities2-40
of schools, roads, sources of water supply and facilities for wastewater and2-41
flood control will be sufficient to support the project.2-42
6. As used in this section, "project of significant impact" means a2-43
project that would create:3-1
(a) Tentative maps or planned unit developments of 300 units or more;3-2
(b) Tourist accommodations of 300 units or more;3-3
(c) A commercial or industrial facility having more than 350 employees3-4
or generating more than 3,000 average daily vehicle trips; or3-5
(d) A nonresidential development encompassing more than 160 acres.3-6
Sec. 2. 1. Whenever any person reasonably believes that a local3-7
government, unit thereof or any other person has violated section 1 of this3-8
act, the person may, through the attorney general, cause a complaint to be3-9
filed in the district court seeking to enjoin and restrain the local3-10
government, unit thereof or other person from continuing the violation or3-11
performing any act in furtherance thereof.3-12
2. The district court has jurisdiction of the proceeding and has the3-13
power to make and enter an order or judgment awarding such preliminary3-14
or final injunctive relief as in its judgment is proper.3-15
3. This section does not require the attorney general to proceed with a3-16
complaint that the attorney general determines to be frivolous, without3-17
merit or filed with a vexatious purpose.3-18
Sec. 3. This act becomes effective upon passage and approval.~