First Substitute H.B. 319

Representative David N. Cox proposes the following substitute bill:

1 DENSITY CREDIT FOR LAND DONATED TO
2 SCHOOL DISTRICT
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David N. Cox
6 Senate Sponsor: David L. Thomas
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use provisions.
11 Highlighted Provisions:
12 This bill:
13 . enacts provisions relating to a property owner's donation of land or money for a
14 school building to be entitled to a density bonus with respect to the owner's
15 subdivision plat;
16 . provides for management of money donated for the purchase of land for
17 construction of a school building;
18 . provides for the temporary use of land donated for the construction of a school
19 building until the school building is constructed; and
20 . allows counties and municipalities to determine the location of a school building on
21 land that is the subject of a donation if certain conditions are met.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None

26 Utah Code Sections Affected:
27 ENACTS:
28 10-9a-604.5, Utah Code Annotated 1953
29 17-27a-604.5, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 10-9a-604.5 is enacted to read:
33 10-9a-604.5. Plat with land being donated to a school district.
34 (1) As used in this section:
35 (a) "Density bonus" means the number of residential building lots established in a
36 subdivision plat that exceeds the number allowed under the zoning designation applicable to
37 the land described in the subdivision plat.
38 (b) "Donation" means the giving of:
39 (i) land to the municipality for a future school building in the school district; or
40 (ii) money to the school district for the purchase of land for a future school building in
41 the school district.
42 (c) "Municipality" means the city or town in which is located the land that is the
43 subject of the subdivision plat for which approval is sought.
44 (d) "Property owner" means the owner or developer of the land that is the subject of the
45 subdivision plat for which approval is sought.
46 (e) "School building" includes all educational facilities associated with a school
47 building.
48 (f) "School district" means the school district in whose boundaries is located the land
49 that is the subject of the subdivision plat for which approval is sought.
50 (2) A municipality may not withhold approval of a subdivision plat that otherwise
51 complies with all applicable requirements of this chapter and municipal ordinances because the
52 plat establishes more residential building lots than allowed under the zoning designation
53 applicable to the land described in the plat if:
54 (a) the property owner makes a donation that is acceptable to the municipality and
55 school district; and
56 (b) the number of residential building lots established by the subdivision plat that

57 exceeds the number allowed under the applicable zoning designation is attributable to a density
58 bonus.
59 (3) A density bonus may not exceed 10% of the number of residential building lots
60 allowed under the zoning designation applicable to the land described in the plat.
61 (4) If a donation consists of money paid to the school district, the school district shall:
62 (a) place the money in a separate interest-bearing account;
63 (b) manage the money in the account; and
64 (c) use the money exclusively for the purchase of land in the municipality for
65 construction of a school building.
66 (5) (a) If a donation consists of land to the municipality, the municipality:
67 (i) shall:
68 (A) own the land, subject to Subsections (5)(a)(ii) and (b); and
69 (B) upon the request of and at no charge to the school district, transfer title of the land
70 to the school district for construction of a school building; and
71 (ii) may, until the land is transferred to the school district as provided in Subsection
72 (5)(a)(i)(B), use the land for:
73 (A) open space;
74 (B) a public park or recreational facility;
75 (C) a bona fide agricultural purpose;
76 (D) a parking lot or parking facility; or
77 (E) a temporary commercial activity that is consistent with the municipality's land use
78 ordinances.
79 (b) (i) (A) If the land that is the subject of a donation to the municipality under this
80 section is not used for the construction of a school building within ten years after the donation,
81 the municipality may, subject to Subsection (5)(b)(i)(B), retain the land and use it for one of the
82 purposes listed in Subsection (5)(a)(ii).
83 (B) If the municipality intends to retain the land beyond the ten year period described
84 in Subsection (5)(b)(i)(A), it shall give written notice to the school district at least 180 days
85 before the expiration of the ten-year period.
86 (ii) Notwithstanding Subsection (5)(b)(i), the municipality may at any time and in its
87 sole discretion transfer title of the land to the school district and at no charge to the school

88 district for the construction of a school building.
89 (6) The municipality's legislative body may determine the location of a school building
90 to be constructed on land that is the subject of a donation under this section if:
91 (a) the municipality has:
92 (i) indicated on its general plan the location of the school site;
93 (ii) obtained the school district's written acknowledgement of the site; and
94 (b) the school district has not previously obtained property for the construction of a
95 school building.
96 Section 2. Section 17-27a-604.5 is enacted to read:
97 17-27a-604.5. Plat with land being donated to a school district.
98 (1) As used in this section:
99 (a) "County" means the county in whose unincorporated area is located the land that is
100 the subject of the subdivision plat for which approval is sought.
101 (b) "Density bonus" means the number of residential building lots established in a
102 subdivision plat that exceeds the number allowed under the zoning designation applicable to
103 the land described in the subdivision plat.
104 (c) "Donation" means the giving of:
105 (i) land to the county for a future school building in the school district; or
106 (ii) money to the school district for the purchase of land for a future school building in
107 the school district.
108 (d) "Property owner" means the owner or developer of the land that is the subject of the
109 subdivision plat for which approval is sought.
110 (e) "School building" includes all educational facilities associated with a school
111 building.
112 (f) "School district" means the school district in whose boundaries is located the land
113 that is the subject of the subdivision plat for which approval is sought.
114 (2) A county may not withhold approval of a subdivision plat that otherwise complies
115 with all applicable requirements of this chapter and county ordinances because the plat
116 establishes more residential building lots than allowed under the zoning designation applicable
117 to the land described in the plat if:
118 (a) the property owner makes a donation that is acceptable to the county and school

119 district; and
120 (b) the number of residential building lots established by the subdivision plat that
121 exceeds the number allowed under the applicable zoning designation is attributable to a density
122 bonus.
123 (3) A density bonus may not exceed 10% of the number of residential building lots
124 allowed under the zoning designation applicable to the land described in the plat.
125 (4) If a donation consists of money paid to the school district, the school district shall:
126 (a) place the money in a separate interest-bearing account;
127 (b) manage the money in the account; and
128 (c) use the money exclusively for the purchase of land in the unincorporated area of the
129 county for construction of a school building.
130 (5) (a) If a donation consists of land to the county, the county:
131 (i) shall:
132 (A) own the land, subject to Subsections (5)(a)(ii) and (b); and
133 (B) upon the request of and at no charge to the school district, transfer title of the land
134 to the school district for construction of a school building; and
135 (ii) may, until the land is transferred to the school district as provided in Subsection
136 (5)(a)(i)(B), use the land for:
137 (A) open space;
138 (B) a public park or recreational facility;
139 (C) a bona fide agricultural purpose;
140 (D) a parking lot or parking facility; or
141 (E) a temporary commercial activity that is consistent with the county's land use
142 ordinances.
143 (b) (i) (A) If the land that is the subject of a donation to the county under this section is
144 not used for the construction of a school building within ten years after the donation, the county
145 may, subject to Subsection (5)(b)(i)(B), retain the land and use it for one of the purposes listed
146 in Subsection (5)(a)(ii).
147 (B) If the county intends to retain the land beyond the ten year period described in
148 Subsection (5)(b)(i)(A), it shall give written notice to the school district at least 180 days
149 before the expiration of the ten-year period.

150 (ii) Notwithstanding Subsection (5)(b)(i), the county may at any time and in its sole
151 discretion transfer title of the land to the school district and at no charge to the school district
152 for the construction of a school building.
153 (5) The county's legislative body may determine the location of a school building to be
154 constructed on land that is the subject of a donation under this section if:
155 (a) the county has:
156 (i) indicated on its general plan the location of the school site;
157 (ii) obtained the school district's written acknowledgement of the site; and
158 (b) the school district has not previously obtained property for the construction of a
159 school building.