1     
SCHOOL PLANNING AND ZONING PROCESS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Rich Cunningham

6     

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
19     plan;
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:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          53A-20-108, as last amended by Laws of Utah 2005, Chapter 7
30     

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 [purchase] acquisition of a school site or construction of a
37     school building of [its intent to purchase] the school district's or charter school's intent to
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 [delivery of the notice] the notification under
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;
44          [(i)] (B) discuss concerns that each may have, including potential community impacts
45     and site safety;
46          [(ii)] (C) assess the availability of infrastructure for the site; and
47          [(iii)] (D) discuss any fees that might be charged by the local governmental entity in
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:
58          [(2) Representatives] (i) representatives of the local governmental entity and the
59     school district or charter school shall meet as soon as possible [after the purchase of a school
60     site to discuss concerns that each may have, including potential community impacts, and] to
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,
83     [purchase] acquire a school site or construct a school building, without first obtaining the
84     consent of the district or charter school.




Legislative Review Note
     as of 11-24-14 12:11 PM

Office of Legislative Research and General Counsel