HOUSE BILL NO. 229

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H0229............................................by TRANSPORTATION AND DEFENSE
PUBLIC SCHOOLS - PERMIT APPLICATIONS - Amends existing law to require a
planning and zoning commission, when reviewing permit applications of a public
school facility, to specifically review the application for effects on
vehicular, bicycle and pedestrian volumes on adjacent roads and highways; and
to provide that the appropriate highway jurisdiction shall review the
application and report to the commission on specified issues to ensure that
the highway system can satisfactorily accommodate the proposed school project.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
      Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Kellogg, Trail
    Floor Sponsor - Wood
    Title apvd - to Senate
02/28    Senate intro - 1st rdg - to Transp
03/07    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 30-3-2
      AYES -- Andreason(Rouse), Bailey, Brandt, Bunderson, Burkett,
      Burtenshaw, Compton, Davis, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble,
      Noh, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk,
      Williams
      NAYS -- Calabretta, Cameron, Darrington
      Absent and excused -- Gannon, Sorensen
    Floor Sponsor - Brandt
    Title apvd - to House
03/14    To enrol
03/17    Rpt enrol - Sp signed
03/19    Pres signed
03/20    To Governor
03/26    Governor signed
         Session Law Chapter 123
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 229
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOCAL LAND USE PLANNING AND THE PERMIT GRANTING PROCESS;  AMENDING
  3        SECTION 67-6519, IDAHO CODE, TO REQUIRE THE COMMISSION WHEN REVIEWING PER-
  4        MIT  APPLICATIONS  OF  A PUBLIC SCHOOL FACILITY TO SPECIFICALLY REVIEW FOR
  5        EFFECTS ON VEHICULAR, BICYCLE AND PEDESTRIAN VOLUMES ON ADJACENT ROADS AND
  6        HIGHWAYS, AND TO PROVIDE THAT THE APPROPRIATE HIGHWAY  JURISDICTION  SHALL
  7        REVIEW THE APPLICATION AND REPORT TO THE COMMISSION ON SPECIFIED ISSUES TO
  8        ENSURE THAT THE HIGHWAY SYSTEM CAN SATISFACTORILY ACCOMMODATE THE PROPOSED
  9        SCHOOL PROJECT.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 67-6519, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        67-6519.  PERMIT GRANTING PROCESS. (1)  As part of ordinances required  or
 14    authorized under this chapter, a procedure shall be established for processing
 15    in  a timely manner applications for permits for which a reasonable fee may be
 16    charged.
 17        (2)  Each application for a permit required or authorized under this chap-
 18    ter shall first be submitted to the zoning or planning and  zoning  commission
 19    for  its  recommendation  or  decision. The commission shall have a reasonable
 20    time fixed by the governing board to examine the application before  the  com-
 21    mission  makes  its  decision on the permit or makes its recommendation to the
 22    governing board. Each commission or governing board shall establish by rule  a
 23    time  period  within which a recommendation or decision must be made. Provided
 24    however, any permit application which relates  to  a  public  school  facility
 25    shall  receive  priority  consideration  and  shall  be reviewed for approval,
 26    denial or recommendation by the commission or the governing board at the  ear-
 27    liest  reasonable time, regardless of the timing of its submission relative to
 28    other applications which are not related to public school facilities.
 29        (3)  When considering a permit  application  which  relates  to  a  public
 30    school  facility, the commission shall specifically review the permit applica-
 31    tion for the effect it will have on increased vehicular,  bicycle  and  pedes-
 32    trian volumes on adjacent roads and highways. To ensure that the state highway
 33    system or the local highway system can satisfactorily accommodate the proposed
 34    school  project,  the  commission  shall  request  the assistance of the Idaho
 35    transportation department if state highways are affected, or the local highway
 36    district with jurisdiction if the affected roads are not state  highways.  The
 37    Idaho  transportation  department, the appropriate local highway jurisdiction,
 38    or both as determined by the commission,  shall  review  the  application  and
 39    shall  report  to  the  commission on the following issues as appropriate: the
 40    land use master plan; school bus plan; access safety; pedestrian plan;  cross-
 41    ing guard plan; barriers between highways and school; location of school zone;
 42    need  for flashing beacon; need for traffic control signal; anticipated future
 43    improvements; speed on adjacent highways; traffic volumes  on  adjacent  high-
                                                                        
                                           2
                                                                        
  1    ways;  effect  upon  the  highway's level of service; need for acceleration or
  2    deceleration lanes; internal traffic circulation; anticipated  development  on
  3    surrounding  undeveloped  parcels;  zoning  in the vicinity; access control on
  4    adjacent highways; required striping and  signing  modifications;  funding  of
  5    highway  improvements to accommodate development; proposed highway projects in
  6    the vicinity; and any other issues as may be  considered  appropriate  to  the
  7    particular application.
  8        (4)  Whenever  a  governing board or zoning or planning and zoning commis-
  9    sion grants or denies a permit, it shall specify:
 10        (a)  The ordinance and standards used in evaluating the application;
 11        (b)  The reasons for approval or denial; and
 12        (c)  The actions, if any, that the applicant could take to obtain  a  per-
 13        mit.
 14        An applicant denied a permit or aggrieved by a decision may within twenty-
 15    eight  (28)  days after all remedies have been exhausted under local ordinance
 16    seek judicial review under the procedures provided by chapter  52,  title  67,
 17    Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12953

Requiring school districts planning to build, remodel or bond for
buildings to consult with the Department of Transportation if
there will be a traffic impact on a state highway.
                          FISCAL IMPACT
No fiscal impact.


Contact
Name: Rep. Wood 
Phone: 332-1212




STATEMENT OF PURPOSE/FISCAL NOTE                  H 22