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2004 SESSION

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SB 393 Educational facilities; adequate levels of service needed in comprehensive plan.

Introduced by: Frederick M. Quayle | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Adequate levels of service for educational facilities. Provides that, concurrent with its periodic review of the comprehensive plan, the planning commission in localities with certain proffer zoning authority, in consultation with the school board and the division superintendent, shall make a study estimating the capacity in elementary, middle and high school facilities that would be needed to meet established levels of service for the locality based on anticipated growth in the locality during the period projected by the comprehensive plan. The recommendations shall be prepared with the active participation of the school board and division superintendent and must include a statement of their concurrence in the recommendations. Such localities may include in their ordinances provisions that no application for approval of the preliminary plat for a new residential subdivision, or for approval of a site plan or plan of development for any other new development incorporating more than five residential units, will be accepted unless it is accompanied by certification issued by the planning commission after consultation with the school board, that proposed subdivisions or other development is consistent with the adopted educational facilities plan for the locality, and will not cause the level of service for the schools available in the locality to serve the new development to decline below the standards established pursuant to this bill. Refusal of an application shall be without prejudice to refiling at such time as the applicant is able to obtain certification. Ordinances adopted under this bill may provide that in lieu of the certification required, if the proposed subdivision or development will cause the level of service for the schools available to serve the proposed subdivision or development to fall below the established standards, as a condition of approval the applicant may elect to pay, and the locality may assess, an educational facilities fee sufficient to cover the costs of additional capital improvements that will be imposed upon the school division in which the new proposed subdivision or development is to be located, which improvements are necessitated by and attributable to the proposed subdivision or development and which are required to maintain the level of service established for the schools serving the proposed subdivision or development.


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