H.B. 333

1

DENSITY CREDIT FOR LAND DONATED TO
2 SCHOOL DISTRICT
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David N. Cox
6
7 LONG TITLE
8 General Description:
9 This bill modifies county and municipal land use provisions.
10 Highlighted Provisions:
11 This bill:
12 . prohibits counties and municipalities from failing to approve a subdivision plat for
13 failure to comply with density requirements if the plat includes land that is being
14 donated to a school district for future school building construction and the plat
15 otherwise complies with all applicable requirements.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 10-9-812, Utah Code Annotated 1953
23 17-27-812, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 10-9-812 is enacted to read:
27 10-9-812. Plat with land being donated to a school district.

28 A municipality may not fail to approve a subdivision plat on the ground that it
29 establishes more residential building lots than allowed under the zoning designation applicable
30 to the land described in the plat if:
31 (1) the number of residential building lots conforms to the applicable zoning
32 designation, taking into account all the land described on the plat;
33 (2) the plat includes land that the owner is donating to a school district for the purpose
34 of a future school building that the school district intends to construct; and
35 (3) the plat otherwise complies with all applicable requirements of this chapter and
36 municipal ordinances.
37 Section 2. Section 17-27-812 is enacted to read:
38 17-27-812. Plat with land being donated to a school district.
39 A county may not fail to approve a subdivision plat on the ground that it establishes
40 more residential building lots than allowed under the zoning designation applicable to the land
41 described in the plat if:
42 (1) the number of residential building lots conforms to the applicable zoning
43 designation, taking into account all the land described on the plat;
44 (2) the plat includes land that the owner is donating to a school district for the purpose
45 of a future school building that the school district intends to construct; and
46 (3) the plat otherwise complies with all applicable requirements of this chapter and
47 county ordinances.




Legislative Review Note
as of 2-7-05 9:40 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel