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 22-34)

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 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:

1-1 Section 1. NRS 278.160 is hereby amended to read as follows:

1-2 278.160 1. The master plan, with the accompanying charts, drawings,

1-3 diagrams, schedules and reports, may include such of the following subject

1-4 matter or portions thereof as are appropriate to the city, county or region,

1-5 and as may be made the basis for the physical development thereof:

1-6 (a) Community design. Standards and principles governing the

1-7 subdivision of land and suggestive patterns for community design and

1-8 development.

1-9 (b) Conservation plan. For the conservation, development and utilization

1-10 of natural resources, including water and its hydraulic force, underground

1-11 water, water supply, forests, soils, rivers and other waters, harbors,

1-12 fisheries, wildlife, minerals and other natural resources. The plan must also

1-13 cover the reclamation of land and waters, flood control, prevention and

1-14 control of the pollution of streams and other waters, regulation of the use of

1-15 land in stream channels and other areas required for the accomplishment of

1-16 the conservation plan, prevention, control and correction of the erosion of

2-1 soils through proper clearing, grading and landscaping, beaches and shores,

2-2 and protection of watersheds. The plan must also indicate the maximum

2-3 tolerable level of air pollution.

2-4 (c) Economic plan. Showing recommended schedules for the allocation

2-5 and expenditure of public money in order to provide for the economical

2-6 and timely execution of the various components of the plan.

2-7 (d) Historical properties preservation plan. An inventory of significant

2-8 historical, archaeological and architectural properties as defined by a city,

2-9 county or region, and a statement of methods to encourage the preservation

2-10 of those properties.

2-11 (e) Housing plan. The housing plan must include, but is not limited to:

2-12 (1) An inventory of housing conditions, needs and plans and

2-13 procedures for improving housing standards and for providing adequate

2-14 housing.

2-15 (2) An inventory of affordable housing in the community.

2-16 (3) An analysis of the demographic characteristics of the community.

2-17 (4) A determination of the present and prospective need for

2-18 affordable housing in the community.

2-19 (5) An analysis of any impediments to the development of affordable

2-20 housing and the development of policies to mitigate those impediments.

2-21 (6) An analysis of the characteristics of the land that is the most

2-22 appropriate for the construction of affordable housing.

2-23 (7) An analysis of the needs and appropriate methods for the

2-24 construction of affordable housing or the conversion or rehabilitation of

2-25 existing housing to affordable housing.

2-26 (8) A plan for maintaining and developing affordable housing to meet

2-27 the housing needs of the community.

2-28 (f) Land use plan. An inventory and classification of types of natural

2-29 land and of existing land cover and uses, and comprehensive plans for the

2-30 most desirable utilization of land. The land use plan may include a

2-31 provision concerning the acquisition and use of land that is under federal

2-32 management within the city, county or region, including, without limitation,

2-33 a plan or statement of policy prepared pursuant to NRS 321.7355.

2-34 (g) Population plan. An estimate of the total population which the

2-35 natural resources of the city, county or region will support on a continuing

2-36 basis without unreasonable impairment.

2-37 (h) Public buildings. Showing locations and arrangement of civic centers

2-38 and all other public buildings, including the architecture thereof and the

2-39 landscape treatment of the grounds thereof.

2-40 (i) Public services and facilities. Showing general plans for sewage,

2-41 drainage and utilities, and rights of way, easements and facilities therefor,

2-42 including any utility projects required to be reported pursuant to NRS

2-43 278.145.

3-1 (j) Recreation plan. Showing a comprehensive system of recreation

3-2 areas, including natural reservations, parks, parkways, reserved riverbank

3-3 strips, beaches, playgrounds and other recreation areas, including, when

3-4 practicable, the locations and proposed development thereof.

3-5 (k) Safety plan. In any county whose population is 400,000 or more,

3-6 identifying potential types of natural and man-made hazards, including

3-7 hazards from floods, landslides or fires, or resulting from the manufacture,

3-8 storage, transfer or use of bulk quantities of hazardous materials. The plan

3-9 may set forth policies for avoiding or minimizing the risks from those

3-10 hazards.

3-11 (l) School facilities plan. Showing the general locations of current and

3-12 future school facilities based upon information furnished by the

3-13 appropriate local school district.

3-14 (m) Seismic safety plan. Consisting of an identification and appraisal of

3-15 seismic hazards such as susceptibility to surface ruptures from faulting, to

3-16 ground shaking or to ground failures.

3-17 [(m)] (n) Solid waste disposal plan. Showing general plans for the

3-18 disposal of solid waste.

3-19 [(n)] (o) Streets and highways plan. Showing the general locations and

3-20 widths of a comprehensive system of major traffic thoroughfares and other

3-21 traffic ways and of streets and the recommended treatment thereof, building

3-22 line setbacks, and a system of naming or numbering streets and numbering

3-23 houses, with recommendations concerning proposed changes.

3-24 [(o)] (p) Transit plan. Showing a proposed system of transit lines,

3-25 including rapid transit, streetcar, motorcoach and trolley coach lines and

3-26 related facilities.

3-27 [(p)] (q) Transportation plan. Showing a comprehensive transportation

3-28 system, including locations of rights of way, terminals, viaducts and grade

3-29 separations. The plan may also include port, harbor, aviation and related

3-30 facilities.

3-31 2. The commission may prepare and adopt, as part of the master plan,

3-32 other and additional plans and reports dealing with such other subjects as

3-33 may in its judgment relate to the physical development of the city, county

3-34 or region, and nothing contained in NRS 278.010 to 278.630, inclusive,

3-35 prohibits the preparation and adoption of any such subject as a part of the

3-36 master plan.

3-37 Sec. 2. 1. Except as otherwise provided in this section, in addition to

3-38 any other requirement of the local government or unit thereof, a person who

3-39 proposes to develop a project of significant impact within the Las Vegas

3-40 urban growth zone, as that zone is described in NRS 463.3094,

4-1 shall, unless the project was approved before the effective date of this act,

4-2 submit an impact statement to the local government or unit thereof having

4-3 authority over the zoning and approval of the project. The impact statement

4-4 must be submitted at least 15 days before the date on which the governing

4-5 body of the local government or unit thereof, or a person or agency

4-6 authorized to take final action by the governing body:

4-7 (a) Takes final action on the final map pertaining to the project, if the

4-8 project is a residential subdivision; or

4-9 (b) Considers the project for final action, if the project is a project other

4-10 than a residential subdivision.

4-11 2. An impact statement required pursuant to subsection 1 must set

4-12 forth:

4-13 (a) The number of vehicle trips that the project will generate, estimated

4-14 by applying to the proposed project the average trip rates for the peak days

4-15 and hours established by the Institute of Transportation Engineers or its

4-16 successor.

4-17 (b) The estimated number of additional pupils for each elementary

4-18 school, junior high or middle school, and high school that the project will

4-19 cause to be enrolled in local schools.

4-20 (c) The quantity of sewage effluent that the project will generate,

4-21 estimated by applying a sewage generation factor established by the

4-22 provider of sewer service or an equivalent calculation to the number of

4-23 units or area of indoor floor space that will be created by the project.

4-24 (d) The quantity of water that the project will demand during and after

4-25 its construction, estimated by applying a demand factor established by the

4-26 provider of water service or an equivalent calculation to the number of

4-27 units that will be created by and the gross acreage that will be occupied by

4-28 the project.

4-29 (e) The increase in quantity of storm water runoff that the project will

4-30 generate, estimated by using standard hydrologic methods.

4-31 (f) The distance from the site on which the project will be located to the

4-32 nearest facilities from which fire-fighting, police and emergency services

4-33 are provided, including, without limitation, facilities that are planned, but

4-34 not yet constructed, and facilities which have been included in a plan for

4-35 capital improvements prepared by the appropriate local government

4-36 pursuant to NRS 278.0226.

4-37 (g) The existing and planned capacities of schools, roads, sources of

4-38 water supply and facilities for wastewater and flood control that will be

4-39 affected by the project. This information must be obtained from the

4-40 appropriate local providers of those services.

5-1 (h) A brief statement setting forth the anticipated effect of the project on

5-2 housing, mass transit, open space and recreation.

5-3 3. A person shall not develop in phases, subdivide or otherwise

5-4 partition a proposed project for the purpose of evading or avoiding the

5-5 provisions of this section.

5-6 4. An impact statement required pursuant to this section may include

5-7 by reference any information or data relevant to such a statement that is a

5-8 matter of public record or is generally available to the public, including,

5-9 without limitation, information:

5-10 (a) Contained in a report required by another federal or state law or

5-11 local ordinance, or as a condition imposed as a part of the process for

5-12 approving the project; or

5-13 (b) Regarding a phase of a project that consists of multiple phases of

5-14 construction, if information pertaining to that phase has already been

5-15 disclosed in a report pertaining to another phase or to the project as a

5-16 whole.

5-17 5. A local government or unit thereof having authority over the zoning

5-18 and approval of a project of significant impact shall not approve such a

5-19 project unless:

5-20 (a) An impact statement has been submitted for the project pursuant to

5-21 subsection 1;

5-22 (b) The local government or unit thereof determines that the appropriate

5-23 local school district has been given an opportunity to review the project

5-24 pursuant to NRS 278.346, if the provisions of that section are applicable.

5-25 (c) Except as otherwise provided in this subsection, the local

5-26 government or unit thereof determines that the capacities of roads, sources

5-27 of water supply and facilities for wastewater and flood control will be

5-28 sufficient to support the project. A local government or unit thereof may

5-29 approve a project with respect to which the capacities of roads, sources of

5-30 water supply or facilities for wastewater and flood control will not be

5-31 sufficient to support the project if the local government or unit thereof

5-32 requires the person who proposes to develop the project to carry out

5-33 appropriate measures of mitigation to reduce the impact of the project on

5-34 those elements of infrastructure.

5-35 6. The provisions of this section do not apply with respect to real

5-36 property that is subject to a development agreement with a local

5-37 government if the development agreement became effective before the

5-38 effective date of this act.

5-39 7. As used in this section, "project of significant impact" means a

5-40 project that would create:

5-41 (a) Final maps or planned unit developments of 500 units or more;

5-42 (b) Tourist accommodations of 300 units or more;

6-1 (c) A commercial or industrial facility generating more than 3,000

6-2 average daily vehicle trips; or

6-3 (d) A nonresidential development encompassing more than 160 acres.

6-4 Sec. 3. This act becomes effective upon passage and approval.

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