Nevada Revised Statutes 308.060 – Criteria for disapproval of service plan
1. Each such board of county commissioners may disapprove the service plan of a proposed special district upon satisfactory evidence that:
Terms Used In Nevada Revised Statutes 308.060
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- special district: means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in this title, but excludes:
(a) All parks, trails and open space districts created pursuant to chapter 318A of NRS; and
(b) All housing authorities. See Nevada Revised Statutes 308.020
(a) There is insufficient existing and projected need for organized 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 through municipal annexation by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis;
(d) The proposed special 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 and service standards of the proposed district are incompatible with the facility and service standards of adjacent municipalities and special districts; or
(g) The proposed district is being formed for the primary purpose of financing the cost of developing private property.
2. Each such board of county commissioners may conditionally approve the service plan of a proposed district upon satisfactory evidence that it does not contravene any of the criteria enumerated in subsection 1. Final approval shall be contingent upon modification of the service plan to include such changes or additional information as shall be specifically stated in the findings of the board of county commissioners.
3. The findings of the board of county commissioners shall be based solely upon the service plan and evidence presented at the hearing by the petitioners, the planning commission and any interested party.