H.B. 117

1

TRANSFER OF DENSITY FROM SCHOOL
2 DISTRICT PROPERTY
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gage Froerer
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use development and management
11 provisions relating to density transferred from a school district.
12 Highlighted Provisions:
13 This bill:
14 . defines terms; and
15 . prohibits a county or municipality from denying a land use application that includes
16 excess density if the excess density is attributable to density acquired from a school
17 district.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 10-9a-509.5, Utah Code Annotated 1953
25 17-27a-508.5, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-9a-509.5 is enacted to read:
29 10-9a-509.5. Density transferred from a school district.
30 (1) As used in this section:
31 (a) "Allowed density" means the density allowed under municipal ordinances for a
32 parcel of land according to the zoning designation applicable to the land.
33 (b) "Density" means the number of residential building lots per acre of land.
34 (c) "Excess density" means density that exceeds allowed density.
35 (d) "School density" means the number that is one less than the allowed density that
36 would have applied to school land if:
37 (i) the land were developed as residential rather than for a school building; and
38 (ii) the maximum number of allowable residential building lots were developed.
39 (e) "School land" means a parcel of land owned by a school district on which a school
40 building is built.
41 (f) "Transferred density" means school density that a school district transfers to the
42 owner of another parcel of land within the municipality in which the school land is located.
43 (2) A municipality may not deny a land use application based on excess density if:
44 (a) the application would otherwise be entitled to approval under Section 10-9a-509 ;
45 and
46 (b) the excess density is:
47 (i) transferred density; and
48 (ii) not more than 50% of the allowed density.
49 Section 2. Section 17-27a-508.5 is enacted to read:
50 17-27a-508.5. Density transferred from a school district.
51 (1) As used in this section:
52 (a) "Allowed density" means the density allowed under county ordinances for a parcel
53 of land according to the zoning designation applicable to the land.
54 (b) "Density" means the number of residential building lots per acre of land.
55 (c) "Excess density" means density that exceeds allowed density.
56 (d) "School density" means the number that is one less than the allowed density that
57 would have applied to school land if:
58 (i) the land were developed as residential rather than for a school building; and

59 (ii) the maximum number of allowable residential building lots were developed.
60 (e) "School land" means a parcel of land owned by a school district on which a school
61 building is built.
62 (f) "Transferred density" means school density that a school district transfers to the
63 owner of another parcel of land within the unincorporated area of the county in which the
64 school land is located if the school land is located in the unincorporated area of that county.
65 (2) A county may not deny a land use application based on excess density if:
66 (a) the application would otherwise be entitled to approval under Section 17-27a-508 ;
67 and
68 (b) the excess density is:
69 (i) transferred density; and
70 (ii) not more than 50% of the allowed density.




Legislative Review Note
as of 1-15-07 10:06 AM

Office of Legislative Research and General Counsel