53B-2-109 - Notice to local government when constructing student housing.
53B-2-109. Notice to local government when constructing student housing.
(1) Each institution that intends to construct student housing on property owned by theinstitution 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 housingbuildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, ifapplicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property islocated; or
(b) the municipality in whose boundaries the privately owned residential property islocated.
(3) (a) (i) Within 21 days after receiving the notice required by Subsection (1), a countyor municipality entitled to the notice may submit a written request to the institution for a publichearing on the proposed student housing construction.
(ii) Each county or municipality that submits a written request for a hearing underSubsection (3)(a) shall deliver a copy of the request to the Division of Facilities Construction andManagement.
(b) If a county or municipality requests a hearing under Subsection (3)(a), the legislativebody of the affected county or municipality and the institution shall jointly hold a public hearingto provide information to the public and to allow the institution and the county or municipality toreceive input from the public about the proposed student housing construction.
(c) A public hearing held under Subsection (3)(a) satisfies the public hearing requirementof Subsection 63A-5-206(13)(b) for the same proposed student housing construction.
Enacted by Chapter 231, 2005 General Session