53B-2-109. Notice to local government when constructing student housing.
(1) Each institution that intends to construct student housing on property owned by the
institution shall provide written notice of the intended construction, as provided in Subsection
(2), before any funds are committed to the construction, if any of the proposed student housing
buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if
applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is
located; or
(b) the municipality in whose boundaries the privately owned residential property is
located.
(3) (a) (i) Within 21 days after receiving the notice required by Subsection (1), a county
or municipality entitled to the notice may submit a written request to the institution for a public
hearing on the proposed student housing construction.
(ii) Each county or municipality that submits a written request for a hearing under
Subsection (3)(a) shall deliver a copy of the request to the Division of Facilities Construction and
Management.
(b) If a county or municipality requests a hearing under Subsection (3)(a), the legislative
body of the affected county or municipality and the institution shall jointly hold a public hearing
to provide information to the public and to allow the institution and the county or municipality to
receive input from the public about the proposed student housing construction.
(c) A public hearing held under Subsection (3)(a) satisfies the public hearing requirement
of Subsection 63A-5-206(13)(b) for the same proposed student housing construction.
Enacted by Chapter 231, 2005 General Session
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Last revised: Wednesday, October 08, 2008