(1) Prior to developing plans and specifications for a public school construction project, an LEA shall coordinate with affected local government land use authorities and utility providers to:
- (a) ensure that the siting or expansion of a school in the intended location will comply with applicable local general plans and land use laws and will not conflict with entitled land uses;
- (b) ensure that all local government services and utilities required by the school construction activities can be provided in a logical and cost-effective manner;
- (c) avoid or mitigate existing and potential traffic hazards, including consideration of the impacts between the public school construction and future roadways; and
- (d) maximize school, student, and site safety.
- (2) An LEA shall cooperate with municipalities and counties and conform to municipal and county land use ordinances consistent with Sections 10-9a-305 and 17-27a-305.
- (3) Prior to developing plans and specifications for a public school construction project, an LEA shall coordinate with local health departments and the State Fire Marshal.
- (4) A charter school shall have an open meeting to seek and secure a variance from the appropriate government entity if the LEA selects a school site in a municipality or county-designated zone for sexually oriented businesses or businesses that sell alcohol.
- (5) Parking requirements for a charter school may not exceed the minimum parking requirements for a traditional public school of a like size and grade levels or other institutional public use throughout the municipality or county.
- (6) An LEA shall maintain documentation for audit or monitoring purposes of coordination, meetings, and agreements required under this section.
- (7) Prior to developing plans and specifications for a public school construction project, an LEA shall coordinate with local jurisdictions to comply with Federal Emergency Management Agency flood plain requirements and restrictions, including applicable mitigation measures.
KEY: educational facilities
Date of Last Change: October 8, 2025
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(3); 53E-3-706; 53E-3-707; 10-9a-305; 53F-2-202(4)(d)