7 LONG TITLE
8 General Description:
9 This bill amends the notification requirements for a public school to a local government
10 if the public school intends to acquire a school site or construct a school building.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a school district or charter school to:
14 • meet with a local governmental entity about a proposed acquisition;
15 • provide certain information regarding the acquisition to the local governmental
16 entity; and
17 • submit a rough proposed site plan to a design review committee;
18 ▸ requires a design review committee to provide comments on a rough proposed site
20 ▸ authorizes a local governmental entity, in certain circumstances, to request a traffic
21 study; and
22 ▸ makes technical and conforming amendments.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 53A-20-108, as last amended by Laws of Utah 2005, Chapter 7
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53A-20-108 is amended to read:
33 53A-20-108. Notification to local government of intent to acquire school site or
34 construction of school building -- Negotiation of fees -- Confidentiality.
35 (1) (a) A school district or charter school shall notify the affected local governmental
36 entity without delay prior to the [
37 school building of [
38 acquire or construct.
39 (b) (i) Representatives of the local governmental entity and the school district or
40 charter school shall meet as soon as possible after [
41 Subsection (1)(a) takes place in order to:
42 (A) subject to Subsection (1)(b)(ii), review information provided by the school district
43 or charter school about the proposed acquisition;
45 and site safety;
48 connection with a building project.
49 (ii) The school district or charter school shall provide for review under Subsection
50 (1)(b)(i) the following information, if available, regarding the proposed acquisition:
51 (A) potential community impacts;
52 (B) approximate lot size;
53 (C) approximate building size and use;
54 (D) estimated student enrollment;
55 (E) proposals for ingress and egress, parking, and fire lane location; and
56 (F) building footprint and location.
57 (2) (a) After the purchase or an acquisition, but before construction begins:
59 school district or charter school shall meet as soon as possible [
61 review a rough proposed site plan provided by the school district or charter school, review the
62 information listed in Subsection (1)(b)(ii), and negotiate any fees that might be charged by the
63 local governmental entity in connection with a building project[
64 (ii) (A) the school district or charter school shall submit the rough proposed site plan to
65 the local governmental entity's design review committee for comments; and
66 (B) subject to the priority requirement of Subsection 10-9a-305(7)(b), the local
67 governmental entity's design review committee shall provide comments on the rough proposed
68 site plan to the school district or charter school no later than 30 days after the day that the plan
69 is submitted to the design review committee in accordance with this Subsection (2)(a)(ii); and
70 (iii) the local governmental entity may require that the school district or charter school
71 provide a traffic study by an independent third party qualified to perform the study if the local
72 governmental entity determines that traffic flow, congestion, or other traffic concerns may
73 require the study if otherwise permitted under Subsection 10-9a-305(3)(b).
74 (b) A review conducted by or comment provided by a local governmental entity design
75 review committee under Subsection (2)(a) may not be interpreted as an action that completes a
76 land use application for the purpose of entitling the school district or charter school to a
77 substantive land use review of a land use application under Section 10-9a-509 or 17-27a-508.
78 (3) A local governmental entity may not increase a previously agreed-upon fee after the
79 district or charter school has signed contracts to begin construction.
80 (4) Prior to the filing of a formal application by the affected school district or charter
81 school, a local governmental entity may not disclose information obtained from a school
82 district or charter school regarding the district's or charter school's consideration of, or intent to,
84 consent of the district or charter school.