[Rev. 11/7/2011 2:00:54 PM]
Chapter 481, Statutes of Nevada 1999
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.
[Approved: June 8, 1999]
(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
1. Except as otherwise provided in this section, in addition to any other requirement of the local government or unit thereof, a person who proposes to develop a project of significant impact within the Las Vegas urban growth zone, as that zone is described in NRS 463.3094, shall, unless the project was approved before the effective date of this act, submit an impact statement to the local government or unit thereof having authority over the zoning and approval of the project. The impact statement must be submitted at least 15 days before the date on which the governing body of the local government or unit thereof, or a person or agency authorized to take final action by the governing body:
(a) Takes final action on the final map pertaining to the project, if the project is a residential subdivision; or
(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.
(Ch. 481, Stats. 1999 p. 2473)
(Ch. 481, Stats. 1999 p. 2475)