H.B. 259

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 4, 2009 at 1:52 PM by ddonat. --> 1

PROHIBITION OF IMPACT FEES ON
2 SCHOOL DISTRICTS AND CHARTER
3 SCHOOLS
4 2009 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Stephen E. Sandstrom
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill modifies provisions relating to the imposition of impact fees.
12 Highlighted Provisions:
13 This bill:
14 . prohibits the imposition of impact fees on school districts or charter schools.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 10-9a-305, as last amended by Laws of Utah 2008, Chapter 290
22 11-36-201, as last amended by Laws of Utah 2008, Chapters 70, 360, and 382
23 17-27a-305, as last amended by Laws of Utah 2008, Chapter 290
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-9a-305 is amended to read:
27 10-9a-305. Other entities required to conform to municipality's land use

28 ordinances -- Exceptions -- School districts and charter schools.
29 (1) (a) Each county, municipality, school district, charter school, local district, special
30 service district, and political subdivision of the state shall conform to any applicable land use
31 ordinance of any municipality when installing, constructing, operating, or otherwise using any
32 area, land, or building situated within that municipality.
33 (b) In addition to any other remedies provided by law, when a municipality's land use
34 ordinance is violated or about to be violated by another political subdivision, that municipality
35 may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
36 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
37 (2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B,
38 Chapter 2a, Part 8, Public Transit District Act, is not required to conform to any applicable
39 land use ordinance of a municipality located within the boundaries of a county of the first class
40 when constructing a:
41 (i) rail fixed guideway public transit facility that extends across two or more counties;
42 or
43 (ii) structure that serves a rail fixed guideway public transit facility that extends across
44 two or more counties, including:
45 (A) platforms;
46 (B) passenger terminals or stations;
47 (C) park and ride facilities;
48 (D) maintenance facilities;
49 (E) all related utility lines, roadways, and other facilities serving the public transit
50 facility; or
51 (F) other auxiliary facilities.
52 (b) The exemption from municipal land use ordinances under this Subsection (2) does
53 not extend to any property not necessary for the construction or operation of a rail fixed
54 guideway public transit facility.
55 (c) A municipality located within the boundaries of a county of the first class may not,
56 through an agreement under Title 11, Chapter 3, Interlocal Cooperation Act, require a public
57 transit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, to obtain
58 approval from the municipality prior to constructing a:

59 (i) rail fixed guideway public transit facility that extends across two or more counties;
60 or
61 (ii) structure that serves a rail fixed guideway public transit facility that extends across
62 two or more counties, including:
63 (A) platforms;
64 (B) passenger terminals or stations;
65 (C) park and ride facilities;
66 (D) maintenance facilities;
67 (E) all related utility lines, roadways, and other facilities serving the public transit
68 facility; or
69 (F) other auxiliary facilities.
70 (3) (a) Except as provided in Subsection (4), a school district or charter school is
71 subject to a municipality's land use ordinances.
72 (b) (i) Notwithstanding Subsection (4), a municipality may:
73 (A) subject a charter school to standards within each zone pertaining to setback, height,
74 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
75 staging; and
76 (B) impose regulations upon the location of a project that are necessary to avoid
77 unreasonable risks to health or safety, as provided in Subsection (4)(f).
78 (ii) The standards to which a municipality may subject a charter school under
79 Subsection (3)(b)(i) shall be objective standards only and may not be subjective.
80 (iii) Except as provided in Subsection (8)(d), the only basis upon which a municipality
81 may deny or withhold approval of a charter school's land use application is the charter school's
82 failure to comply with a standard imposed under Subsection (3)(b)(i).
83 (iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of an
84 obligation to comply with a requirement of an applicable building or safety code to which it is
85 otherwise obligated to comply.
86 (4) A municipality may not:
87 (a) impose requirements for landscaping, fencing, aesthetic considerations,
88 construction methods or materials, additional building inspections, municipal building codes,
89 building use for educational purposes, or the placement or use of temporary classroom facilities

90 on school property;
91 (b) except as otherwise provided in this section, require a school district or charter
92 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
93 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
94 children and not located on or contiguous to school property, unless the roadway or sidewalk is
95 required to connect an otherwise isolated school site to an existing roadway;
96 (c) require a district or charter school to pay fees not authorized by this section;
97 (d) provide for inspection of school construction or assess a fee or other charges for
98 inspection, unless the school district or charter school is unable to provide for inspection by an
99 inspector, other than the project architect or contractor, who is qualified under criteria
100 established by the state superintendent;
101 (e) require a school district or charter school to pay any impact fee [for an
102 improvement project unless the impact fee is imposed as provided in Title 11, Chapter 36,
103 Impact Fees Act]; or
104 (f) impose regulations upon the location of a project except as necessary to avoid
105 unreasonable risks to health or safety.
106 (5) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
107 the siting of a new school with the municipality in which the school is to be located, to:
108 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
109 the impacts between the new school and future highways; and
110 (b) maximize school, student, and site safety.
111 (6) Notwithstanding Subsection (4)(d), a municipality may, at its discretion:
112 (a) provide a walk-through of school construction at no cost and at a time convenient to
113 the district or charter school; and
114 (b) provide recommendations based upon the walk-through.
115 (7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
116 (i) a municipal building inspector;
117 (ii) (A) for a school district, a school district building inspector from that school
118 district; or
119 (B) for a charter school, a school district building inspector from the school district in
120 which the charter school is located; or

121 (iii) an independent, certified building inspector who is:
122 (A) not an employee of the contractor;
123 (B) approved by:
124 (I) a municipal building inspector; or
125 (II) (Aa) for a school district, a school district building inspector from that school
126 district; or
127 (Bb) for a charter school, a school district building inspector from the school district in
128 which the charter school is located; and
129 (C) licensed to perform the inspection that the inspector is requested to perform.
130 (b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
131 (c) If a school district or charter school uses a school district or independent building
132 inspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit to
133 the state superintendent of public instruction and municipal building official, on a monthly
134 basis during construction of the school building, a copy of each inspection certificate regarding
135 the school building.
136 (8) (a) A charter school shall be considered a permitted use in all zoning districts
137 within a municipality.
138 (b) Each land use application for any approval required for a charter school, including
139 an application for a building permit, shall be processed on a first priority basis.
140 (c) Parking requirements for a charter school may not exceed the minimum parking
141 requirements for schools or other institutional public uses throughout the municipality.
142 (d) If a municipality has designated zones for a sexually oriented business, or a
143 business which sells alcohol, a charter school may be prohibited from a location which would
144 otherwise defeat the purpose for the zone unless the charter school provides a waiver.
145 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
146 occupancy of a school building from:
147 (A) the state superintendent of public instruction, as provided in Subsection
148 53A-20-104 (3), if the school district or charter school used an independent building inspector
149 for inspection of the school building; or
150 (B) a municipal official with authority to issue the certificate, if the school district or
151 charter school used a municipal building inspector for inspection of the school building.

152 (ii) A school district may issue its own certificate authorizing permanent occupancy of
153 a school building if it used its own building inspector for inspection of the school building,
154 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
155 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
156 school building from a school district official with authority to issue the certificate, if the
157 charter school used a school district building inspector for inspection of the school building.
158 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
159 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
160 to issue the certificate shall be considered to satisfy any municipal requirement for an
161 inspection or a certificate of occupancy.
162 Section 2. Section 11-36-201 is amended to read:
163 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
164 Summary -- Exemptions.
165 (1) (a) Each local political subdivision and private entity shall comply with the
166 requirements of this chapter before establishing or modifying any impact fee.
167 (b) A local political subdivision may not:
168 (i) establish any new impact fees that are not authorized by this chapter; or
169 (ii) impose or charge any other fees as a condition of development approval unless
170 those fees are a reasonable charge for the service provided.
171 (c) Notwithstanding any other requirements of this chapter, each local political
172 subdivision shall ensure that each existing impact fee that is charged for any public facility not
173 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
174 (d) (i) Existing impact fees that a local political subdivision charges for public facilities
175 authorized in Subsection 11-36-102 (12) need not comply with the requirements of this chapter
176 until July 1, 1997.
177 (ii) By July 1, 1997, each local political subdivision shall:
178 (A) review any impact fees in existence as of the effective date of this act, and prepare
179 and approve the analysis required by this section for each of those impact fees; and
180 (B) ensure that the impact fees comply with the requirements of this chapter.
181 (2) (a) Before imposing impact fees, each local political subdivision and private entity
182 shall, except as provided in Subsection (2)(f), prepare a capital facilities plan.

183 (b) (i) As used in this Subsection (2)(b):
184 (A) (I) "Affected entity" means each county, municipality, local district under Title
185 17B, Limited Purpose Local Government Entities - Local Districts, special service district
186 under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation
187 entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
188 (Aa) whose services or facilities are likely to require expansion or significant
189 modification because of the facilities proposed in the proposed capital facilities plan; or
190 (Bb) that has filed with the local political subdivision or private entity a copy of the
191 general or long-range plan of the county, municipality, local district, special service district,
192 school district, interlocal cooperation entity, or specified public utility.
193 (II) "Affected entity" does not include the local political subdivision or private entity
194 that is required under this Subsection (2) to provide notice.
195 (B) "Specified public utility" means an electrical corporation, gas corporation, or
196 telephone corporation, as those terms are defined in Section 54-2-1 .
197 (ii) Before preparing or amending a capital facilities plan, each local political
198 subdivision and each private entity shall provide written notice, as provided in this Subsection
199 (2)(b), of its intent to prepare or amend a capital facilities plan.
200 (iii) Each notice under Subsection (2)(b)(ii) shall:
201 (A) indicate that the local political subdivision or private entity intends to prepare or
202 amend a capital facilities plan;
203 (B) describe or provide a map of the geographic area where the proposed capital
204 facilities will be located;
205 (C) be sent to:
206 (I) each county in whose unincorporated area and each municipality in whose
207 boundaries is located the land on which the proposed facilities will be located;
208 (II) each affected entity;
209 (III) the Automated Geographic Reference Center created in Section 63F-1-506 ;
210 (IV) the association of governments, established pursuant to an interlocal agreement
211 under [Title 11,] Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
212 be located;
213 (V) the state planning coordinator appointed under Section 63J-4-202 ;

214 (VI) the registered agent of the Utah Home Builders Association;
215 (VII) the registered agent of the Utah Association of Realtors; and
216 (VIII) the registered agent of the Utah Chapter of the Associated General Contractors
217 of America; and
218 (D) with respect to the notice to an affected entity, invite the affected entity to provide
219 information for the local political subdivision or private entity to consider in the process of
220 preparing, adopting, and implementing or amending a capital facilities plan concerning:
221 (I) impacts that the facilities proposed in the capital facilities plan may have on the
222 affected entity; and
223 (II) facilities or uses of land that the affected entity is planning or considering that may
224 conflict with the facilities proposed in the capital facilities plan.
225 (c) The plan shall identify:
226 (i) demands placed upon existing public facilities by new development activity; and
227 (ii) the proposed means by which the local political subdivision will meet those
228 demands.
229 (d) A municipality or county need not prepare a separate capital facilities plan if the
230 general plan required by Section 10-9a-401 or 17-27a-401 , respectively, contains the elements
231 required by Subsection (2)(c).
232 (e) (i) If a local political subdivision chooses to prepare an independent capital
233 facilities plan rather than include a capital facilities element in the general plan, the local
234 political subdivision shall:
235 (A) before preparing or contracting to prepare or amending or contracting to amend the
236 independent capital facilities plan, send written notice:
237 (I) to:
238 (Aa) the registered agent of the Utah Home Builders Association;
239 (Bb) the registered agent of the Utah Association of Realtors; and
240 (Cc) the registered agent of the Utah Chapter of the Associated General Contractors of
241 America;
242 (II) stating the local political subdivision's intent to prepare or amend a capital facilities
243 plan; and
244 (III) inviting each of the notice recipients to participate in the preparation of or

245 amendment to the capital facilities plan; and
246 (B) before adopting or amending the capital facilities plan:
247 (I) give public notice of the plan or amendment according to Subsection (2)(e)(ii)(A),
248 (B), or (C), as the case may be, at least 14 days before the date of the public hearing;
249 (II) make a copy of the plan or amendment, together with a summary designed to be
250 understood by a lay person, available to the public;
251 (III) place a copy of the plan or amendment and summary in each public library within
252 the local political subdivision; and
253 (IV) hold a public hearing to hear public comment on the plan or amendment.
254 (ii) With respect to the public notice required under Subsection (2)(e)(i)(B)(I):
255 (A) each municipality shall comply with the notice and hearing requirements of, and,
256 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
257 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2);
258 (B) each county shall comply with the notice and hearing requirements of, and, except
259 as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
260 17-27a-801 and Subsection 17-27a-502 (2); and
261 (C) each local district, special service district, and private entity shall comply with the
262 notice and hearing requirements of, and receive the protections of, Section 17B-1-111 .
263 (iii) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
264 Subsections (2)(e)(ii)(A) and (B) may be construed to require involvement by a planning
265 commission in the capital facilities planning process.
266 (f) (i) A local political subdivision with a population or serving a population of less
267 than 5,000 as of the last federal census need not comply with the capital facilities plan
268 requirements of this part, but shall ensure that:
269 (A) the impact fees that the local political subdivision imposes are based upon a
270 reasonable plan; and
271 (B) each applicable notice required by this chapter is given.
272 (ii) Subsection (2)(f)(i) does not apply to private entities.
273 (3) In preparing the plan, each local political subdivision shall generally consider all
274 revenue sources, including impact fees, to finance the impacts on system improvements.
275 (4) A local political subdivision or private entity may only impose impact fees on

276 development activities when its plan for financing system improvements establishes that
277 impact fees are necessary to achieve an equitable allocation to the costs borne in the past and to
278 be borne in the future, in comparison to the benefits already received and yet to be received.
279 (5) (a) Subject to the notice requirement of Subsection (5)(b), each local political
280 subdivision and private entity intending to impose an impact fee shall prepare a written analysis
281 of each impact fee that:
282 (i) identifies the impact on system improvements required by the development activity;
283 (ii) demonstrates how those impacts on system improvements are reasonably related to
284 the development activity;
285 (iii) estimates the proportionate share of the costs of impacts on system improvements
286 that are reasonably related to the new development activity; and
287 (iv) based upon those factors and the requirements of this chapter, identifies how the
288 impact fee was calculated.
289 (b) Before preparing or contracting to prepare the written analysis required under
290 Subsection (5)(a), each local political subdivision or private entity shall provide:
291 (i) public notice; and
292 (ii) written notice:
293 (A) to:
294 (I) the registered agent of the Utah Home Builders Association;
295 (II) the registered agent of the Utah Association of Realtors; and
296 (III) the registered agent of the Utah Chapter of the Associated General Contractors of
297 America;
298 (B) indicating the local political subdivision or private entity's intent to prepare or
299 contract to prepare a written analysis of an impact fee; and
300 (C) inviting each notice recipient to participate in the preparation of the written
301 analysis.
302 (c) In analyzing whether or not the proportionate share of the costs of public facilities
303 are reasonably related to the new development activity, the local political subdivision or private
304 entity, as the case may be, shall identify, if applicable:
305 (i) the cost of existing public facilities;
306 (ii) the manner of financing existing public facilities, such as user charges, special

307 assessments, bonded indebtedness, general taxes, or federal grants;
308 (iii) the relative extent to which the newly developed properties and other properties
309 have already contributed to the cost of existing public facilities, by such means as user charges,
310 special assessments, or payment from the proceeds of general taxes;
311 (iv) the relative extent to which the newly developed properties and other properties
312 will contribute to the cost of existing public facilities in the future;
313 (v) the extent to which the newly developed properties are entitled to a credit because
314 the local political subdivision or private entity, as the case may be, requires its developers or
315 owners, by contractual arrangement or otherwise, to provide common facilities, inside or
316 outside the proposed development, that have been provided by the local political subdivision or
317 private entity, respectively, and financed through general taxation or other means, apart from
318 user charges, in other parts of the service area;
319 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
320 (vii) the time-price differential inherent in fair comparisons of amounts paid at
321 different times.
322 (d) Each local political subdivision and private entity that prepares a written analysis
323 under this Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written
324 analysis, designed to be understood by a lay person.
325 (6) Each local political subdivision that adopts an impact fee enactment under Section
326 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
327 a copy of the written analysis required by Subsection (5)(a) and a copy of the summary
328 required by Subsection (5)(d) to:
329 (a) each public library within the local political subdivision;
330 (b) the registered agent of the Utah Home Builders Association;
331 (c) the registered agent of the Utah Association of Realtors; and
332 (d) the registered agent of the Utah Chapter of the Associated General Contractors of
333 America.
334 (7) Nothing in this chapter may be construed:
335 (a) to repeal or otherwise eliminate any impact fee in effect on the effective date of this
336 chapter that is pledged as a source of revenues to pay bonded indebtedness that was incurred
337 before the effective date of this chapter[.]; or

338 (b) to authorize the imposition of an impact fee on a school district or charter school.
338a H. (8) A local political subdivision or private entity may not increase the amount of an
338b impact fee if the reason for the increase is to recoup a reduction of revenue resulting from
338c application of Subsection (7)(b). .H
339 Section 3. Section 17-27a-305 is amended to read:
340 17-27a-305. Other entities required to conform to county's land use ordinances --
341 Exceptions -- School districts and charter schools.
342 (1) (a) Each county, municipality, school district, charter school, local district, special
343 service district, and political subdivision of the state shall conform to any applicable land use
344 ordinance of any county when installing, constructing, operating, or otherwise using any area,
345 land, or building situated within the unincorporated portion of the county.
346 (b) In addition to any other remedies provided by law, when a county's land use
347 ordinance is violated or about to be violated by another political subdivision, that county may
348 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
349 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
350 (2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B,
351 Chapter 2a, Part 8, Public Transit District Act, is not required to conform to any applicable
352 land use ordinance of a county of the first class when constructing a:
353 (i) rail fixed guideway public transit facility that extends across two or more counties;
354 or
355 (ii) structure that serves a rail fixed guideway public transit facility that extends across
356 two or more counties, including:
357 (A) platforms;
358 (B) passenger terminals or stations;
359 (C) park and ride facilities;
360 (D) maintenance facilities;
361 (E) all related utility lines, roadways, and other facilities serving the public transit
362 facility; or
363 (F) other auxiliary facilities.
364 (b) The exemption from county land use ordinances under this Subsection (2) does not
365 extend to any property not necessary for the construction or operation of a rail fixed guideway
366 public transit facility.
367 (c) A county of the first class may not, through an agreement under Title 11, Chapter 3,

368 Interlocal Cooperation Act, require a public transit district under Title 17B, Chapter 2a, Part 8,

369 Public Transit District Act, to obtain approval from the county prior to constructing a:
370 (i) rail fixed guideway public transit facility that extends across two or more counties;
371 or
372 (ii) structure that serves a rail fixed guideway public transit facility that extends across
373 two or more counties, including:
374 (A) platforms;
375 (B) passenger terminals or stations;
376 (C) park and ride facilities;
377 (D) maintenance facilities;
378 (E) all related utility lines, roadways, and other facilities serving the public transit
379 facility; or
380 (F) other auxiliary facilities.
381 (3) (a) Except as provided in Subsection (4), a school district or charter school is
382 subject to a county's land use ordinances.
383 (b) (i) Notwithstanding Subsection (4), a county may:
384 (A) subject a charter school to standards within each zone pertaining to setback, height,
385 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
386 staging; and
387 (B) impose regulations upon the location of a project that are necessary to avoid
388 unreasonable risks to health or safety, as provided in Subsection (4)(f).
389 (ii) The standards to which a county may subject a charter school under Subsection
390 (3)(b)(i) shall be objective standards only and may not be subjective.
391 (iii) Except as provided in Subsection (8)(d), the only basis upon which a county may
392 deny or withhold approval of a charter school's land use application is the charter school's
393 failure to comply with a standard imposed under Subsection (3)(b)(i).
394 (iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of an
395 obligation to comply with a requirement of an applicable building or safety code to which it is
396 otherwise obligated to comply.
397 (4) A county may not:
398 (a) impose requirements for landscaping, fencing, aesthetic considerations,
399 construction methods or materials, additional building inspections, county building codes,

400 building use for educational purposes, or the placement or use of temporary classroom facilities
401 on school property;
402 (b) except as otherwise provided in this section, require a school district or charter
403 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
404 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
405 children and not located on or contiguous to school property, unless the roadway or sidewalk is
406 required to connect an otherwise isolated school site to an existing roadway;
407 (c) require a district or charter school to pay fees not authorized by this section;
408 (d) provide for inspection of school construction or assess a fee or other charges for
409 inspection, unless the school district or charter school is unable to provide for inspection by an
410 inspector, other than the project architect or contractor, who is qualified under criteria
411 established by the state superintendent;
412 (e) require a school district or charter school to pay any impact fee [for an
413 improvement project unless the impact fee is imposed as provided in Title 11, Chapter 36,
414 Impact Fees Act]; or
415 (f) impose regulations upon the location of a project except as necessary to avoid
416 unreasonable risks to health or safety.
417 (5) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
418 the siting of a new school with the county in which the school is to be located, to:
419 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
420 the impacts between the new school and future highways; and
421 (b) maximize school, student, and site safety.
422 (6) Notwithstanding Subsection (4)(d), a county may, at its discretion:
423 (a) provide a walk-through of school construction at no cost and at a time convenient to
424 the district or charter school; and
425 (b) provide recommendations based upon the walk-through.
426 (7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
427 (i) a county building inspector;
428 (ii) (A) for a school district, a school district building inspector from that school
429 district; or
430 (B) for a charter school, a school district building inspector from the school district in

431 which the charter school is located; or
432 (iii) an independent, certified building inspector who is:
433 (A) not an employee of the contractor;
434 (B) approved by:
435 (I) a county building inspector; or
436 (II) (Aa) for a school district, a school district building inspector from that school
437 district; or
438 (Bb) for a charter school, a school district building inspector from the school district in
439 which the charter school is located; and
440 (C) licensed to perform the inspection that the inspector is requested to perform.
441 (b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
442 (c) If a school district or charter school uses a school district or independent building
443 inspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit to
444 the state superintendent of public instruction and county building official, on a monthly basis
445 during construction of the school building, a copy of each inspection certificate regarding the
446 school building.
447 (8) (a) A charter school shall be considered a permitted use in all zoning districts
448 within a county.
449 (b) Each land use application for any approval required for a charter school, including
450 an application for a building permit, shall be processed on a first priority basis.
451 (c) Parking requirements for a charter school may not exceed the minimum parking
452 requirements for schools or other institutional public uses throughout the county.
453 (d) If a county has designated zones for a sexually oriented business, or a business
454 which sells alcohol, a charter school may be prohibited from a location which would otherwise
455 defeat the purpose for the zone unless the charter school provides a waiver.
456 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
457 occupancy of a school building from:
458 (A) the state superintendent of public instruction, as provided in Subsection
459 53A-20-104 (3), if the school district or charter school used an independent building inspector
460 for inspection of the school building; or
461 (B) a county official with authority to issue the certificate, if the school district or

462 charter school used a county building inspector for inspection of the school building.
463 (ii) A school district may issue its own certificate authorizing permanent occupancy of
464 a school building if it used its own building inspector for inspection of the school building,
465 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
466 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
467 school building from a school district official with authority to issue the certificate, if the
468 charter school used a school district building inspector for inspection of the school building.
469 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
470 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
471 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
472 a certificate of occupancy.




Legislative Review Note
as of 1-19-09 11:11 AM

Office of Legislative Research and General Counsel