63A-5b-1104. Notification to local governments for construction or modification of certain facilities.
| (1) |
Terms Used In Utah Code 63A-5b-1104- Director: means the division director, appointed under Section 63A-5b-302. See Utah Code 63A-5b-102
- Institution of higher education: means an institution listed in Subsection 53B-2-101(1). See Utah Code 63A-5b-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (a) |
The director or the director’s designee shall notify in writing the elected representatives of a local government entity directly and substantively affected by any diagnostic, treatment, parole, probation, or other secured facility project exceeding $500,000, if:
| (i) |
the nature of the project has been significantly altered since an earlier notification; |
| (ii) |
the project would significantly change the nature of the functions presently conducted at the location; or |
| (iii) |
the project is new construction. |
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| (b) |
At the request of the state entity or the local government entity, representatives from the state entity and the affected local entity shall conduct or participate in a local public hearing or hearings to discuss the issues described in Subsection (1)(a). |
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| (2) |
| (a) |
| (i) |
Before beginning the construction of student housing on property owned by the state or an institution of higher education, the director shall provide written notice of the proposed construction, as provided in Subsection (2)(a)(ii), if any of the proposed student housing buildings is within 300 feet of privately owned residential property. |
| (ii) |
Each notice under Subsection (2)(a)(i) 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 boundary the privately owned residential property is located. |
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| (b) |
| (i) |
Within 21 days after receiving the notice required by Subsection (2)(a)(i), a county or municipality entitled to the notice may submit a written request to the director for a public hearing on the proposed student housing construction. |
| (ii) |
If a county or municipality requests a hearing under Subsection (2)(b)(i), the director and the county or municipality shall jointly hold a public hearing to provide information to the public and to allow the director and the county or municipality to receive input from the public about the proposed student housing construction. |
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Amended by Chapter 421, 2022 General Session
