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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to land use; requiring a person who proposes to develop a project of significant impact in the Las Vegas urban growth zone to submit an impact statement; prohibiting a local governmental entity from approving such a project in certain circumstances; providing a remedy for alleged violations; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. 1. A person who proposes to develop a project of

1-2 significant impact within the Las Vegas urban growth zone, as that zone is

1-3 described in NRS 463.3094, shall, unless the project was approved before

1-4 the effective date of this act, submit an impact statement to the local

1-5 government or unit thereof having authority over the zoning and approval

1-6 of the project. The impact statement must be submitted at or before the time

1-7 at which the project is being considered for approval.

1-8 2. An impact statement required pursuant to subsection 1 must set

1-9 forth:

1-10 (a) The number of vehicle trips that the project will generate, estimated

1-11 by applying to the proposed project the average trip rates for the peak days

1-12 and hours established by the Institute of Transportation Engineers or its

1-13 successor.

1-14 (b) The estimated number of additional pupils per grade that the project

1-15 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 the

2-3 provider of sewer service or an equivalent calculation to the number of

2-4 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 after

2-6 its construction, estimated by applying a demand factor established by the

2-7 provider of water service or an equivalent calculation to the number of

2-8 units that will be created by and the gross acreage that will be occupied by

2-9 the project.

2-10 (e) The increase in quantity of storm water runoff that the project will

2-11 generate, estimated by using standard hydrologic methods.

2-12 (f) The distance from the site on which the project will be located to the

2-13 nearest facilities from which fire-fighting, police and emergency services

2-14 are provided.

2-15 (g) The existing capacities of schools, roads, sources of water supply

2-16 and facilities for wastewater and flood control that will be affected by the

2-17 project. This information must be obtained from the appropriate local

2-18 providers of those services.

2-19 (h) A brief statement setting forth the anticipated effect of the project on

2-20 housing, mass transit, open space and recreation.

2-21 3. A person shall not develop in phases, subdivide or otherwise

2-22 partition a proposed project for the purpose of evading or avoiding the

2-23 provisions of this section.

2-24 4. An impact statement required pursuant to this section need not

2-25 repeat information or data relevant to such a statement that is a matter of

2-26 public record or is generally available to the public, including, without

2-27 limitation, information:

2-28 (a) Contained in a report required by another federal or state law or

2-29 local ordinance; or

2-30 (b) Regarding a phase of a project that consists of multiple phases of

2-31 construction, if information pertaining to that phase has already been

2-32 disclosed in a report pertaining to another phase or to the project as a

2-33 whole.

2-34 5. A local government or unit thereof having authority over the zoning

2-35 and approval of a project of significant impact shall not approve such a

2-36 project unless:

2-37 (a) An impact statement has been submitted for the project pursuant to

2-38 subsection 1; and

2-39 (b) The local government or unit thereof determines that the capacities

2-40 of schools, roads, sources of water supply and facilities for wastewater and

2-41 flood control will be sufficient to support the project.

2-42 6. As used in this section, "project of significant impact" means a

2-43 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 employees

3-4 or generating more than 3,000 average daily vehicle trips; or

3-5 (d) A nonresidential development encompassing more than 160 acres.

3-6 Sec. 2. 1. Whenever any person reasonably believes that a local

3-7 government, unit thereof or any other person has violated section 1 of this

3-8 act, the person may, through the attorney general, cause a complaint to be

3-9 filed in the district court seeking to enjoin and restrain the local

3-10 government, unit thereof or other person from continuing the violation or

3-11 performing any act in furtherance thereof.

3-12 2. The district court has jurisdiction of the proceeding and has the

3-13 power to make and enter an order or judgment awarding such preliminary

3-14 or final injunctive relief as in its judgment is proper.

3-15 3. This section does not require the attorney general to proceed with a

3-16 complaint that the attorney general determines to be frivolous, without

3-17 merit or filed with a vexatious purpose.

3-18 Sec. 3. This act becomes effective upon passage and approval.

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