Senate Bill No. 191–Senator Titus
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AN ACT relating to land use; requiring a master plan to include a school facilities plan;
requiring a person who proposes to develop a project of significant impact in the
Las Vegas urban growth zone to submit an impact statement in certain
circumstances; prohibiting a local governmental entity from approving such a
project in certain circumstances; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.160 is hereby amended to read as follows:
2. The commission may prepare and adopt, as part of the master plan,
other and additional plans and reports dealing with such other subjects as
may in its judgment relate to the physical development of the city, county
or region, and nothing contained in NRS 278.010 to 278.630, inclusive,
prohibits the preparation and adoption of any such subject as a part of the
master plan.
(b) Considers the project for final action, if the project is a project other
than a residential subdivision.
2. An impact statement required pursuant to subsection 1 must set
forth:
(a) The number of vehicle trips that the project will generate, estimated
by applying to the proposed project the average trip rates for the peak days
and hours established by the Institute of Transportation Engineers or its
successor.
(b) The estimated number of additional pupils for each elementary
school, junior high or middle school, and high school that the project will
cause to be enrolled in local schools.
(c) The quantity of sewage effluent that the project will generate,
estimated by applying a sewage generation factor established by the
provider of sewer service or an equivalent calculation to the number of
units or area of indoor floor space that will be created by the project.
(d) The quantity of water that the project will demand during and after
its construction, estimated by applying a demand factor established by the
provider of water service or an equivalent calculation to the number of
units that will be created by and the gross acreage that will be occupied by
the project.
(e) The increase in quantity of storm water runoff that the project will
generate, estimated by using standard hydrologic methods.
(f) The distance from the site on which the project will be located to the
nearest facilities from which fire-fighting, police and emergency services
are provided, including, without limitation, facilities that are planned, but
not yet constructed, and facilities which have been included in a plan for
capital improvements prepared by the appropriate local government
pursuant to NRS 278.0226.
(g) The existing and planned capacities of schools, roads, sources of
water supply and facilities for wastewater and flood control that will be
affected by the project. This information must be obtained from the
appropriate local providers of those services.
(h) A brief statement setting forth the anticipated effect of the project on
housing, mass transit, open space and recreation.
3. A person shall not develop in phases, subdivide or otherwise
partition a proposed project for the purpose of evading or avoiding the
provisions of this section.
4. An impact statement required pursuant to this section may include
by reference any information or data relevant to such a statement that is a
matter of public record or is generally available to the public, including,
without limitation, information:
(a) Contained in a report required by another federal or state law or
local ordinance, or as a condition imposed as a part of the process for
approving the project; or
(b) Regarding a phase of a project that consists of multiple phases of
construction, if information pertaining to that phase has already been
disclosed in a report pertaining to another phase or to the project as a
whole.
5. A local government or unit thereof having authority over the zoning
and approval of a project of significant impact shall not approve such a
project unless:
(a) An impact statement has been submitted for the project pursuant to
subsection 1;
(b) The local government or unit thereof determines that the appropriate
local school district has been given an opportunity to review the project
pursuant to NRS 278.346, if the provisions of that section are applicable.
(c) Except as otherwise provided in this subsection, the local
government or unit thereof determines that the capacities of roads, sources
of water supply and facilities for wastewater and flood control will be
sufficient to support the project. A local government or unit thereof may
approve a project with respect to which the capacities of roads, sources of
water supply or facilities for wastewater and flood control will not be
sufficient to support the project if the local government or unit thereof
requires the person who proposes to develop the project to carry out
appropriate measures of mitigation to reduce the impact of the project on
those elements of infrastructure.
6. The provisions of this section do not apply with respect to real
property that is subject to a development agreement with a local
government if the development agreement became effective before the
effective date of this act.
7. As used in this section, "project of significant impact" means a
project that would create:
(a) Final maps or planned unit developments of 500 units or more;
(b) Tourist accommodations of 300 units or more;
(c) A commercial or industrial facility generating more than 3,000
average daily vehicle trips; or
(d) A nonresidential development encompassing more than 160 acres.
Sec. 3. This act becomes effective upon passage and approval.
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