1. A governing body shall not approve the service plan for a proposed district if:
(a) There is insufficient existing and projected need for service in the area to be serviced by the proposed district;
(b) The existing service in the area to be served by the proposed district is adequate for present and projected needs;
(c) Adequate service is, or will be, available to the area by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis;
(d) The proposed district is incapable of providing economic and sufficient service to the area within its proposed boundaries;
(e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis;
(f) The facility, improvement, project and service standards of the proposed district are incompatible with the facility, improvement, project and service standards of adjacent municipalities and special districts;
(g) The proposed district is being formed for the primary purpose of financing the cost of developing private property; or
(h) The governing body determines that the service plan for the proposed district is not in the public interest.
2. If the governing body requests changes or additional information, final approval of the service plan must be contingent upon modification of the service plan to include such changes or additional information.
3. The determinations and findings of the governing body must be based solely upon the service plan and evidence presented at the hearing held pursuant to NRS 318A.100.
(Added to NRS by 2017, 2700)
Structure Nevada Revised Statutes
Chapter 318A - Parks, Trails and Open Space Districts
NRS 318A.020 - Legislative declaration.
NRS 318A.040 - Computation of time.
NRS 318A.050 - Liberal construction; sufficiency of chapter.
NRS 318A.070 - Formation of district: Resolution or petition; boundaries of district.
NRS 318A.080 - Declaration of purpose.
NRS 318A.090 - Creation; contents; filing.
NRS 318A.100 - Public hearing; notice; delivery to planning commission.
NRS 318A.110 - Authorized actions; notice of approval, disapproval or modification.
NRS 318A.140 - Notice of organizational hearing.
NRS 318A.160 - Factors precluding creation of district by governing body.
NRS 318A.200 - Office or principal place of business; records; meetings; quorum; vacancies.
NRS 318A.210 - Biennial election of trustees; terms of office; exception to election requirement.
NRS 318A.220 - Trustees elected by plurality vote; exception.
NRS 318A.230 - Recall of trustees.
NRS 318A.240 - Trustees not to be interested in sales or purchases; contracts void; penalties.
NRS 318A.270 - Basic powers of board.
NRS 318A.290 - Perpetual existence of board; corporate seal; suits, actions and proceedings.
NRS 318A.340 - Contribution by local government.
NRS 318A.380 - Conveyance of property to city; assumption of indebtedness; dissolution of district.
NRS 318A.400 - Power to levy taxes.
NRS 318A.410 - Levy and collection of taxes.
NRS 318A.420 - Levies to cover deficiencies.
NRS 318A.430 - County officers to levy and collect; liens.
NRS 318A.440 - Sales for delinquencies.
NRS 318A.460 - Boundary changes; liability of property.
NRS 318A.500 - Debt limit of district.
NRS 318A.510 - Short-term notes, warrants and interim debentures.
NRS 318A.530 - Local Government Securities Law: Types of securities authorized to be issued.
NRS 318A.540 - Assessments to pay expenses of improvements; exempt property.
NRS 318A.550 - Initiation by resolution; notice of hearing; protests.
NRS 318A.570 - Surrender and transfer of property and money.