(1)  Each private institution of higher education that intends to construct student housing on property owned by the institution 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 housing buildings is within 300 feet of privately owned residential property.

Terms Used In Utah Code 10-9a-210

(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103
    • (2)  Each notice under Subsection (1) shall be provided to the legislative body and, if applicable, the mayor of:

    (a)  the county in whose unincorporated area the privately owned residential property is located; or

    (b)  the municipality in whose boundaries the privately owned residential property is located.

    (3)  At the request of a county or municipality that is entitled to notice under this section, the institution and the legislative body of the affected county or municipality shall jointly hold a public hearing to provide information to the public and receive input from the public about the proposed construction.

    Enacted by Chapter 231, 2005 General Session

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