Assembly Bill No. 490

(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT

Assembly Bill No. 490-Committee on Infrastructure

May 15, 1997
____________

Referred to Committee on Infrastructure

SUMMARY--Provides for limitation of urban development in Las Vegas Valley of Clark County. (BDR 22-1651)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to land use; providing for the limitation of urban development in the Las Vegas Valley of Clark County; 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 Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
In the region of this state for which the Las Vegas Valley Planned Growth Act establishes limits upon urban development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
In the region of this state for which the Las Vegas Valley Planned Growth Act establishes limits upon urban development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
In the region of this state for which the Las Vegas Valley Planned Growth Act establishes limits upon urban development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 4. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
In the region of this state for which the Las Vegas Valley Planned Growth Act establishes limits upon urban development, the powers conferred by this chapter which relate to planning, subdivision regulation and zoning are subordinate to those limits.
Sec. 5. Sections 5 to 17, inclusive, of this act may be cited as the Las Vegas Valley Planned Growth Act.
Sec. 6. 1. The legislature hereby finds and declares that:
(a) According to the United States Bureau of the Census, the State of Nevada was the fastest-growing state in the United States during the period from 1990 to 1996, increasing its population by approximately 27 percent.
(b) Forecasters estimate that the State of Nevada will be the fastest-growing state into the beginning of the 21st century, increasing its population during the period from 1996 to 2020 by approximately 79 percent.
(c) Approximately 65 percent of the residents of the State of Nevada currently live in Clark County and that percentage is increasing.
(d) During the period from 1985 to 1995, the population of Clark County has increased annually by an amount of between 4 and 9 percent.
(e) The increase of population in the Las Vegas Valley has also increased in that region the number of people employed and the area of land devoted to urban development.
(f) In the absence of a comprehensive program to address regional planning, the rapid growth occurring in the Las Vegas Valley threatens to outpace the ability of the municipalities located in that region to:
(1) Establish, carry out and enforce plans to ensure that growth in the region will occur in an orderly and responsible manner.
(2) Conserve natural resources and promote the quality of life of its residents.
(3) Provide essential services to the residents of the region at a reasonable cost.
(g) The state engineer has, as a result of the excessive pumping of ground water from beneath the Las Vegas Valley and the decline of water tables and subsidence of land resultant therefrom, eliminated the issuance of revocable permits for community water systems and recommended restrictions on further land divisions within the entirety of the Las Vegas Artesian Basin.
(h) The dynamics of growth and development in the Las Vegas Valley affect levels of pollution in that region. Pursuant to the federal Clean Air Act, Clark County is in nonattainment for carbon monoxide and particulate matter less than 10 microns in diameter.
(i) A significant part of the economy of the Las Vegas Valley depends upon its attractiveness to visitors. To make the region more attractive to visitors and more livable for residents, there is a need to:
(1) Use land and transportation efficiently and to protect scenic and recreational resources in rural areas.
(2) Promote efficiency in the use of financial and natural resources by managing urban development and providing transportation systems and infrastructure to those areas identified specifically for urban development.
(j) Because Southern Nevada is the source of a majority of the revenues generated in this state, the well-being and prosperity of the State of Nevada as a whole is necessarily dependent on the orderly, responsible growth of Southern Nevada and the Las Vegas Valley.
(k) The fact that a single metropolitan area has such a significant impact on the rest of the state makes necessary the enactment of a law of special application to ensure that the various communities within the Las Vegas Valley will be able to grow in an orderly and responsible manner into the next century and beyond, free from the deleterious effects of unchecked urban sprawl.
(l) To evaluate and understand the effects of prospective growth, the various communities within the Las Vegas Valley and the public in general need information regarding larger development projects within the valley and the potential effect of those projects on plans for land use, infrastructure and transportation.
(m) Other states, including Hawaii, Washington and Oregon, have enacted laws and programs designed to preserve the livability of urban areas and the productivity of nonurban areas. Metropolitan areas within those states have carried out plans and programs designed to preserve agricultural lands, mineral lands and open spaces by directing that urban land uses, transportation systems and infrastructure be located in areas identified specifically for urban development.
2. The legislature, therefore, hereby declares that this special act is necessary:
(a) To provide a means by which the State of Nevada may ensure that growth within the Las Vegas Valley proceeds in an orderly and responsible manner, to the benefit of residents of and visitors to this state.
(b) To promote the protection of natural, human and financial resources that are essential to the well-being of the communities within the Las Vegas Valley and the State of Nevada.
(c) Because a general law cannot be made applicable because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in regions controlled by those local governments and the special conditions experienced in the Las Vegas Valley related to the need to manage urban development.
Sec. 7. As used in sections 5 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8, 9 and 10 of this act have the meanings ascribed to them in those sections.
Sec. 8. "Nonurban zone" means all of the metropolitan Las Vegas development area, created by section 11 of this act, except the region within the Las Vegas urban growth zone, created by section 12 of this act.
Sec. 9. "Planned unit development" has the meaning ascribed to it in NRS 278A.065.
Sec. 10. "Urban development" means all uses of land except:
1. Access roads.
2. Plants constructed and maintained temporarily for the processing of rock and minerals into materials required for construction, including, without limitation, concrete, cement, mortar and plaster.
3. Antennas and transmitters for electronic communications, including, without limitation, radio, broadcast television, cable television, microwave communications and cellular communications.
4. Facilities for:
(a) The generation and transmission of electricity.
(b) The transmission of communications by telephone or telegraph.
(c) The transmission of natural gas.
(d) The storage of water, including, without limitation, water tanks.
5. Facilities constructed and maintained to prevent and control floods.
6. Facilities for recreation that do not require appurtenant water or sewer facilities:
(a) Including, without limitation, bicycle paths, unimproved camp sites, equestrian trails, hiking trails, trailheads and wildlife preserves.
(b) Not including, without limitation, amusement parks, golf courses, athletic fields, swimming pools, community centers or parks intended for the use of off-road vehicles.
7. Agricultural uses, including, without limitation, livestock farms, ranches and dairy farms.
8. Mining and the services and facilities related thereto.
9. Single-family residences on parcels of land equal to or greater than 5 acres.
10. Facilities for the provision of firefighting, police and emergency services.
11. Facilities for the provision of services pertaining to the maintenance of highways and roads.
12. Recreational facilities constructed on the site of a landfill if that landfill was in existence on May 1, 1997, regardless of whether the landfill was in operation on that date.
13. Industrial facilities located within the Apex Site, as that term is used in the Apex Project, Nevada Land Use and Authorization Act of 1989, Public Law 101-67, 101st Congress.
Sec. 11. The metropolitan Las Vegas development area is hereby created and consists of the following tracts of land:
1. All of sections 13, 25 and 36, Township 15 South, Range 58 East, MDM.
2. All of sections 7 and 8, 15 through 23 and 26 through 35, Township 15 South, Range 59 East, MDM.
3. All of sections 1 and 11 through 36, Township 15 South, Range 60 East, MDM.
4. All of sections 4 through 9 and 14 through 36, Township 15 South, Range 61 East, MDM.
5. All of sections 19 and 29 through 31, Township 15 South, Range 62 East, MDM.
6. All of sections 1, 11 through 14, 22 through 28 and 32 through 36, Township 16 South, Range 58 East, MDM.
7. All of Township 16 South, Range 59 East, MDM.
8. All of Township 16 South, Range 60 East, MDM.
9. All of Township 16 South, Range 61 East, MDM.
10. All of sections 5 through 8, 18, 19 and 30, Township 16 South, Range 62 East, MDM.
11. All of sections 25 and 34 through 36, Township 17 South, Range 57 East, MDM.
12. All of sections 1 through 3, 9 through 17 and 19 through 36, Township 17 South, Range 58 East, MDM.
13. All of Township 17 South, Range 59 East, MDM.
14. All of Township 17 South, Range 60 East, MDM.
15. All of Township 17 South, Range 61 East, MDM.
16. All of sections 6 and 7, 18 and 29 through 33, Township 17 South, Range 62 East, MDM.
17. All of sections 24 through 26 and 34 through 36, Township 18 South, Range 56 East, MDM.
18. All of sections 1 through 3 and 8 through 36, Township 18 South, Range 57 East, MDM.
19. All of Township 18 South, Range 58 East, MDM.
20. All of Township 18 South, Range 59 East, MDM.
21. All of Township 18 South, Range 60 East, MDM.
22. All of Township 18 South, Range 61 East, MDM.
23. All of sections 4 through 9, 16 through 23 and 25 through 36, Township 18 South, Range 62 East, MDM.
24. All of sections 31 through 33, Township 18 South, Range 63 East, MDM.
25. All of sections 1 through 4, 9 through 16, 21 through 28 and 34 through 36, Township 19 South, Range 56 East, MDM.
26. All of Township 19 South, Range 57 East, MDM.
27. All of Township 19 South, Range 58 East, MDM.
28. All of Township 19 South, Range 59 East, MDM.
29. All of Township 19 South, Range 60 East, MDM.
30. All of Township 19 South, Range 61 East, MDM.
31. All of Township 19 South, Range 62 East, MDM.
32. All of sections 2 through 11, 14 through 23 and 27 through 34, Township 19 South, Range 63 East, MDM.
33. All of sections 1 and 2, Township 20 South, Range 56 East, MDM.
34. All of sections 1 through 6, 8 through 16, 22 through 25 and 36, Township 20 South, Range 57 East, MDM.
35. All of Township 20 South, Range 58 East, MDM.
36. All of Township 20 South, Range 59 East, MDM.
37. All of Township 20 South, Range 60 East, MDM.
38. All of Township 20 South, Range 61 East, MDM.
39. All of Township 20 South, Range 62 East, MDM.
40. All of sections 4 through 8, 17 through 19 and 27 through 34, Township 20 South, Range 63 East, MDM.
41. All of sections 1 and 12, Township 21 South, Range 57 East, MDM.
42. All of sections 1 through 30 and 32 through 36, Township 21 South, Range 58 East, MDM.
43. All of Township 21 South, Range 59 East, MDM.
44. All of Township 21 South, Range 60 East, MDM.
45. All of Township 21 South, Range 61 East, MDM.
46. All of Township 21 South, Range 62 East, MDM.
47. All of sections 3 through 10, 14 through 23 and 25 through 36, Township 21 South, Range 63 East, MDM.
48. All of sections 1 through 5, 8 through 16 and 20 through 36, Township 22 South, Range 58 East, MDM.
49. All of Township 22 South, Range 59 East, MDM.
50. All of Township 22 South, Range 60 East, MDM.
51. All of Township 22 South, Range 61 East, MDM.
52. All of Township 22 South, Range 62 East, MDM.
53. All of Township 22 South, Range 63 East, MDM.
54. All of sections 1, 12, 13, 24, 25 and 36, Township 22 South, Range 63 1/2 East, MDM.
55. All of sections 1 through 16, Township 23 South, Range 58 East, MDM.
56. All of sections 1 through 30 and 32 through 36, Township 23 South, Range 59 East, MDM.
57. All of Township 23 South, Range 60 East, MDM.
58. All of Township 23 South, Range 61 East, MDM.
59. All of sections 1 through 12, 15 through 22 and 27 through 34, Township 23 South, Range 62 East, MDM.
60. All of sections 3 through 10, 16 and 17, Township 23 South, Range 63 East, MDM.
61. All of section 1, Township 23 South, Range 63 1/2 East, MDM.
62. All of sections 1 through 5, 9 and 10, Township 24 South, Range 59 East, MDM.
63. All of sections 1 through 6 and 9 through 14, Township 24 South, Range 60 East, MDM.
64. All of sections 1 through 14, 18, 24 and 25, Township 24 South, Range 61 East, MDM.
65. All of sections 3 through 10, 16 through 20, 29 and 30, Township 24 South, Range 62 East, MDM.
Sec. 12. The Las Vegas urban growth zone is hereby created and consists of the following tracts of land:
1. All of sections 1 through 3, the north half of section 10, and all of sections 12, 13, 24, 25 and 36, Township 19 South, Range 59 East, MDM.
2. The south half of section 1 and all of sections 2 through 36, Township 19 South, Range 60 East, MDM.
3. The south half of section 6, all of section 7 and all of sections 13 through 36, Township 19 South, Range 61 East, MDM.
4. All of sections 18 through 21, the south half of section 22, the west half of section 26, all of sections 27 through 34 and the west half of section 35, Township 19 South, Range 62 East, MDM.
5. All of sections 1 and 12 through 14, the south half of section 15, the east half and the southwest quarter of section 20, and all of sections 21 through 29 and 33 through 36, Township 20 South, Range 59 East, MDM.
6. All of Township 20 South, Range 60 East, MDM.
7. All of Township 20 South, Range 61 East, MDM.
8. The west half of section 2, all of sections 3 through 10, the west half of section 11, the west half of section 14, all of sections 15 through 22, the west half of section 23, the west half of section 26, all of sections 27 through 34 and the west half of section 35, Township 20 South, Range 62 East, MDM.
9. All of sections 1 and 2, the north half of the northeast quarter of section 3, and all of sections 11 through 14, 23 through 26 and 36, Township 21 South, Range 59 East, MDM.
10. All of Township 21 South, Range 60 East, MDM.
11. All of Township 21 South, Range 61 East, MDM.
12. The west half of section 2, all of sections 3 through 10, the west half of section 11, the west half of section 14, all of sections 15 through 22, the west half and the west half of the east half of section 23, the south half and the south half of the north half of section 25, and all of sections 26 through 36, Township 21 South, Range 62 East, MDM.
13. All of sections 27, 31 through 33 and those portions of sections 26 and 34 north of state route 41, Township 21 South, Range 63 East, MDM.
14. The north half of section 1, Township 22 South, Range 59 East, MDM.
15. All of sections 1 through 29, the north half of section 30, all of section 34, the north half and the southeast quarter of section 35, and all of section 36, Township 22 South, Range 60 East, MDM.
16. All of Township 22 South, Range 61 East, MDM.
17. All of sections 1 through 33, Township 22 South, Range 62 East, MDM.
18. All of sections 4 through 9, 16 through 21 and 27 through 34, Township 22 South, Range 63 East, MDM.
19. All of sections 1 through 6, 8 through 17 and 20 through 24, Township 23 South, Range 61 East, MDM.
20. All of sections 5 through 8, the west half of section 17, all of section 18 and those portions of sections 19 and 20 located outside of the North McCullough Wilderness Study Area as the boundaries of that area existed on May 1, 1997, Township 23 South, Range 62 East, MDM.
21. The northwest quarter and that portion of the northeast quarter of section 3 lying northwest of the line connecting the northeast corner of section 3 with the center of section 3, Township 23 South, Range 63 East, MDM.
Sec. 13. 1. Except as otherwise provided in subsection 2, a local government or a unit thereof shall not authorize urban development in the nonurban zone.
2. The provisions of subsection 1 do not apply to urban development in the nonurban zone if authorization of the urban development:
(a) Could lawfully have been granted, without a hearing, in accordance with the laws of this state and the plans, ordinances, resolutions and regulations of the local government or unit thereof in effect on May 1, 1997.
(b) Is granted for the sole purpose of extending urban services:
(1) To an area or region in which urban development is not prohibited; or
(2) For the benefit of a land use which constitutes urban development, but was approved before the date on which this act becomes effective.
(c) Is granted to allow a person who owns a parcel of private land to develop that parcel in accordance with a conditional approval to rezone the parcel that was issued by the local government or unit thereof on or before May 1, 1997.
(d) Is granted to allow a person who owns a parcel of private land that contains urban development to develop with land uses of the same type and intensity:
(1) Other parcels of land that are contiguous to that parcel; and
(2) Rights of way that are appurtenant to that parcel,
that have been owned continuously by that person since May 1, 1997.
3. As used in this section:
(a) "Authorize urban development" means to allow additional urban development by:
(1) Adopting or amending a land use plan, master plan, facilities plan or other similar plan;
(2) Approving a change in zoning if the change is not in substantial compliance with a master plan adopted by a local government pursuant to NRS 278.150 to 278.230, inclusive, on or before the date on which this act becomes effective;
(3) Approving or amending an agreement for the development of land pursuant to NRS 278.0201 to 278.0207, inclusive;
(4) Approving a planned unit development; or
(5) Granting a variance, special exception or special use permit.
(b) "Contiguous" means either abutting directly on the boundary of the parcel of land or separated from the boundary thereof by a street, highway, alley, public right of way, creek, river or the right of way of a railroad or other public service corporation.
(c) "Urban services" means:
(1) Public transit systems and facilities.
(2) Systems to convey water for human consumption.
(3) Sanitary and storm sewers.
Sec. 14. 1. A person who proposes to develop a project of significant impact within the metropolitan Las Vegas development area shall, unless the project was approved before the date on which this act becomes effective, 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 on or before the date, if any, on which the project is approved.
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 Traffic Engineers or its successor.
(b) The estimated number of additional pupils per grade 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 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 to the number of units that will be created by and the gross acreage that will be occupied by the project.
(e) The distance from the site on which the project will be located to the nearest facilities from which firefighting, police and emergency services are provided.
(f) The existing capacities of schools, roads, sources of water supply and wastewater facilities that will be affected by the project. This information must be obtained from the appropriate local service providers.
(g) 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 need not repeat information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, including, without limitation, information contained in a report required by another federal or state law or local ordinance.
5. As used in this section, "project of significant impact" means a project that would create:
(a) Tentative maps or planned unit developments of 300 units or more;
(b) Tourist accommodations of 300 units or more;
(c) Commercial facilities having more than 50,000 square feet of floor space;
(d) A commercial or industrial facility having more than 500 employees or generating more than 3,000 average daily vehicle trips; or
(e) A nonresidential development encompassing more than 160 acres.
Sec. 15. Each local government, the boundaries of which extend partially or completely into the metropolitan Las Vegas development area, shall, on or before July 1 of each even-numbered year, submit to the legislature a report setting forth, for the 2-year period immediately preceding the submission of the report:
1. The patterns of development within the boundaries of the local government.
2. The impact of development upon the services and infrastructure of the local government.
Sec. 16. 1. Whenever any person reasonably believes that a local government, unit thereof or any other person is violating or about to violate the provisions of this act, the person may, through the attorney general, cause a complaint to be filed in the district court seeking to enjoin and restrain the local government, unit thereof or other person from continuing the violation or engaging therein or performing any act in furtherance thereof.
2. The district court has jurisdiction of the proceeding and has the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.
3. This section does not require the attorney general to proceed with a complaint that the attorney general determines to be frivolous, without merit or filed with a vexatious purpose.

Sec. 17. On or after January 1, 2008, any local government affected by the provisions of this act may petition the legislature to amend any part thereof.
Sec. 18. This act becomes effective upon passage and approval.

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