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
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: 278.160 1. The master plan, with the accompanying charts, drawings,1-3
diagrams, schedules and reports, may include such of the following subject1-4
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 the1-7
subdivision of land and suggestive patterns for community design and1-8
development.1-9
(b) Conservation plan. For the conservation, development and utilization1-10
of natural resources, including water and its hydraulic force, underground1-11
water, water supply, forests, soils, rivers and other waters, harbors,1-12
fisheries, wildlife, minerals and other natural resources. The plan must also1-13
cover the reclamation of land and waters, flood control, prevention and1-14
control of the pollution of streams and other waters, regulation of the use of1-15
land in stream channels and other areas required for the accomplishment of1-16
the conservation plan, prevention, control and correction of the erosion of2-1
soils through proper clearing, grading and landscaping, beaches and shores,2-2
and protection of watersheds. The plan must also indicate the maximum2-3
tolerable level of air pollution.2-4
(c) Economic plan. Showing recommended schedules for the allocation2-5
and expenditure of public money in order to provide for the economical2-6
and timely execution of the various components of the plan.2-7
(d) Historical properties preservation plan. An inventory of significant2-8
historical, archaeological and architectural properties as defined by a city,2-9
county or region, and a statement of methods to encourage the preservation2-10
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 and2-13
procedures for improving housing standards and for providing adequate2-14
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 for2-18
affordable housing in the community.2-19
(5) An analysis of any impediments to the development of affordable2-20
housing and the development of policies to mitigate those impediments.2-21
(6) An analysis of the characteristics of the land that is the most2-22
appropriate for the construction of affordable housing.2-23
(7) An analysis of the needs and appropriate methods for the2-24
construction of affordable housing or the conversion or rehabilitation of2-25
existing housing to affordable housing.2-26
(8) A plan for maintaining and developing affordable housing to meet2-27
the housing needs of the community.2-28
(f) Land use plan. An inventory and classification of types of natural2-29
land and of existing land cover and uses, and comprehensive plans for the2-30
most desirable utilization of land. The land use plan may include a2-31
provision concerning the acquisition and use of land that is under federal2-32
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 the2-35
natural resources of the city, county or region will support on a continuing2-36
basis without unreasonable impairment.2-37
(h) Public buildings. Showing locations and arrangement of civic centers2-38
and all other public buildings, including the architecture thereof and the2-39
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 NRS2-43
278.145.3-1
(j) Recreation plan. Showing a comprehensive system of recreation3-2
areas, including natural reservations, parks, parkways, reserved riverbank3-3
strips, beaches, playgrounds and other recreation areas, including, when3-4
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, including3-7
hazards from floods, landslides or fires, or resulting from the manufacture,3-8
storage, transfer or use of bulk quantities of hazardous materials. The plan3-9
may set forth policies for avoiding or minimizing the risks from those3-10
hazards.3-11
(l) School facilities plan. Showing the general locations of current and3-12
future school facilities based upon information furnished by the3-13
appropriate local school district.3-14
(m) Seismic safety plan. Consisting of an identification and appraisal of3-15
seismic hazards such as susceptibility to surface ruptures from faulting, to3-16
ground shaking or to ground failures.3-17
3-18
disposal of solid waste.3-19
3-20
widths of a comprehensive system of major traffic thoroughfares and other3-21
traffic ways and of streets and the recommended treatment thereof, building3-22
line setbacks, and a system of naming or numbering streets and numbering3-23
houses, with recommendations concerning proposed changes.3-24
3-25
including rapid transit, streetcar, motorcoach and trolley coach lines and3-26
related facilities.3-27
3-28
system, including locations of rights of way, terminals, viaducts and grade3-29
separations. The plan may also include port, harbor, aviation and related3-30
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 as3-33
may in its judgment relate to the physical development of the city, county3-34
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 the3-36
master plan.3-37
Sec. 2. 1. Except as otherwise provided in this section, in addition to3-38
any other requirement of the local government or unit thereof, a person who3-39
proposes to develop a project of significant impact within the Las Vegas3-40
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 having4-3
authority over the zoning and approval of the project. The impact statement4-4
must be submitted at least 15 days before the date on which the governing4-5
body of the local government or unit thereof, or a person or agency4-6
authorized to take final action by the governing body:4-7
(a) Takes final action on the final map pertaining to the project, if the4-8
project is a residential subdivision; or4-9
(b) Considers the project for final action, if the project is a project other4-10
than a residential subdivision.4-11
2. An impact statement required pursuant to subsection 1 must set4-12
forth:4-13
(a) The number of vehicle trips that the project will generate, estimated4-14
by applying to the proposed project the average trip rates for the peak days4-15
and hours established by the Institute of Transportation Engineers or its4-16
successor.4-17
(b) The estimated number of additional pupils for each elementary4-18
school, junior high or middle school, and high school that the project will4-19
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 the4-22
provider of sewer service or an equivalent calculation to the number of4-23
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 after4-25
its construction, estimated by applying a demand factor established by the4-26
provider of water service or an equivalent calculation to the number of4-27
units that will be created by and the gross acreage that will be occupied by4-28
the project.4-29
(e) The increase in quantity of storm water runoff that the project will4-30
generate, estimated by using standard hydrologic methods.4-31
(f) The distance from the site on which the project will be located to the4-32
nearest facilities from which fire-fighting, police and emergency services4-33
are provided, including, without limitation, facilities that are planned, but4-34
not yet constructed, and facilities which have been included in a plan for4-35
capital improvements prepared by the appropriate local government4-36
pursuant to NRS 278.0226.4-37
(g) The existing and planned capacities of schools, roads, sources of4-38
water supply and facilities for wastewater and flood control that will be4-39
affected by the project. This information must be obtained from the4-40
appropriate local providers of those services.5-1
(h) A brief statement setting forth the anticipated effect of the project on5-2
housing, mass transit, open space and recreation.5-3
3. A person shall not develop in phases, subdivide or otherwise5-4
partition a proposed project for the purpose of evading or avoiding the5-5
provisions of this section.5-6
4. An impact statement required pursuant to this section may include5-7
by reference any information or data relevant to such a statement that is a5-8
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 or5-11
local ordinance, or as a condition imposed as a part of the process for5-12
approving the project; or5-13
(b) Regarding a phase of a project that consists of multiple phases of5-14
construction, if information pertaining to that phase has already been5-15
disclosed in a report pertaining to another phase or to the project as a5-16
whole.5-17
5. A local government or unit thereof having authority over the zoning5-18
and approval of a project of significant impact shall not approve such a5-19
project unless:5-20
(a) An impact statement has been submitted for the project pursuant to5-21
subsection 1;5-22
(b) The local government or unit thereof determines that the appropriate5-23
local school district has been given an opportunity to review the project5-24
pursuant to NRS 278.346, if the provisions of that section are applicable.5-25
(c) Except as otherwise provided in this subsection, the local5-26
government or unit thereof determines that the capacities of roads, sources5-27
of water supply and facilities for wastewater and flood control will be5-28
sufficient to support the project. A local government or unit thereof may5-29
approve a project with respect to which the capacities of roads, sources of5-30
water supply or facilities for wastewater and flood control will not be5-31
sufficient to support the project if the local government or unit thereof5-32
requires the person who proposes to develop the project to carry out5-33
appropriate measures of mitigation to reduce the impact of the project on5-34
those elements of infrastructure.5-35
6. The provisions of this section do not apply with respect to real5-36
property that is subject to a development agreement with a local5-37
government if the development agreement became effective before the5-38
effective date of this act.5-39
7. As used in this section, "project of significant impact" means a5-40
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 3,0006-2
average daily vehicle trips; or6-3
(d) A nonresidential development encompassing more than 160 acres.6-4
Sec. 3. This act becomes effective upon passage and approval.~