2009 Legislative Update

ULI BreakfastApril 2, 2009

Impact Fees & Exactions

HB68 – Development Exactions

Defines term “water interest”Limits local government ability to exact water “interests” to no more than what is needed “for the reasonable future”

HB259 – Local Government Amendments

Defines educational facilityTightens up provisions on impact feesProvides for local governments to allow for exemptions for state agencies, schools (including charter schools)No impact fees on schools allowed for parks, trails, recreation facilities

HB274 – Local Government Fees and Charges

Directs state agencies, schools to submit plans as soon as possible to allow for impact fee calculationsLocal governments to respond “with reasonable promptness”Once determined, fees cannot be changed unless plans are alteredMakes some changes to the way fees are calculatedSpecifies that application and hook-up fees are to only cover actual costs

SB84 – Impact Fees Revisions

Changes notice requirements for impact fees from 14 to 10 daysRequires written certification from preparer of impact fee analysis of compliance with codeAllows for fire trucks of more than $500,000 Fees only to be assessed on non-residential

developments

SB153 – County and Municipal Land Use

AmendmentsProhibits charging of fees for approvals and permits that may exceed actual costsRequires cities and counties, upon request, to provide itemized detail of fees being chargedProhibits local governments from requiring, as a condition of approval, a “will serve” letter from school districts

Subdivisions

SB209 – LUDMA Amendments

Long promised modification of subdivisions section of LUDMASimplifies process for amending platsSimplifies process for vacating streets and easements

SB209 – LUDMA Amendments, con’t

Eliminates requirement for public hearing for subdivision plat amendments, but requires holding of at least one public meetingEliminates requirement for a recommendation for plat approval from the planning commission

VETOEDHB156 – Subdivision

Approval AmendmentsAllows for parceling off one lot per 100 acres without complying with plat or subdivision requirementsApplies only in counties of classes 3-6Prohibits those counties from denying building permits for minor subdivision lots so long as they meet “reasonable” standards for health, safety and access

HB258 – Amendments to Notice Provisions for Subdivision Changes

Technical correctionChanges a code reference for giving notice

Billboards

HB141 – Billboard Amendments

Defines “visibility area” and “clearly visible”Adjusts allowable height (complex)Increases from 60 to 90 days the time to find mutually acceptable relocation before eminent domain action is considered initiated

SB190 – Acquisition of a Billboard by Eminent Domain

Modifies provisions relating to authority of a billboard owner who proposes to structurally modify, upgrade or relocate a billboard under a complex set of rulesCompensation to be based on actual annual revenue, less rent; the cost of the land, and the cost of the structure

HB272 – Utah Scenic Byway Designation Amendments

Requires legislative, local government approval of applications for National Scenic Byway or All-American Road designationChanges composition of State Scenic Byway Committee (adds private business rep, 3 local elected officials, House and Senate members)Committee can “segment” byways, with consent of landownersExempts Legacy Parkway

Open Meetings and Notice

HB323 – Amendments Regarding Notice on Utah

Public Notice WebsiteChanges requirement for notices for adoption or amendment of general plans or capital facility plans

SB26 – Open and Public Meetings Act – Meeting

RecordInfo added to minutes at request of board member only if actual part of proceedingsEstablish process for approval of written minutesMeeting recording must be available to the public within 3 daysRepeals requirement to convert recordings to writingWritten minutes awaiting formal approval declared to be public record

SB208 – Utah Public Notice Website Amendments

As of Jan. 1, 2010, legal notices to be published in newspapers and on website established collectively by Utah’s newspapersAs of Jan. 1, 2012, in 1st & 2nd class counties, notices must be published on website and may be published in printAfter Jan. 1, 2012, website may charge fee of $10 for posting

Land Use Exemptions

HB27 – Protections for Agricultural Areas

Clarifies that normal agricultural activities are not nuisances

HB164 – Migratory Bird Production Areas

The “Duck Club Protection Act”Allows for creation of areas of at least 500 acres (one or multiple owners) by filing description with county recorderRequires signatures of 100% of owners to allow annexationZoning cannot be changed without consent of all ownersCannot enact regulation on discharge of firearms more restrictive than state law

SB68 – Mining Protection Amendments

Allows for mining protection areas, established by self-declaration and description of areaLimits local government ability to change zoning in such areasProhibits any type of land use regulation of vested mining rights, including drinking water protectionAny new subdivision located within 1,000 ft of mining protection area to include note of such on plat

SB68 – Mining Protection Amendments, con’t

Allows for expansion of mining rights areaOwner to provide written notice to local govPublic hearing must be heldExpansion of area may then take place,

unless hearing uncovers “clear and convincing evidence that expansion will imminently endanger public health, safety and welfare”

SB56 – Military Installation Development Authority

AmendmentsMakes a number of changes to MIDA code, intended for development of west side of HAFBVery close to being another form of local government

SB216 - MIDAAllows up to 100 acres of private land adjoining military land in counties of 3-6 class to be included in a MIDA project areaAll provisions of MIDA apply, including exemption from local land use regulations

Odds and Ends

HB179 – State-Owned Land Amendments

Exchanges state-owned land in Draper to Utah Transit Authority for commuter rail station and future transit-oriented developmentLand has extensive archeological site

HB205 – Water Source Protection AmendmentsLimits requirement for adoption of water source protection to 1st and 2nd class counties and their cities

HB342 – Disproportionate Rental Fee AmendmentsClarifies provisions regarding adoption of disproportionate license fees for apartmentsRequires “good landlord” programAllows for discount on license fees for

landlords enrolled in program

SB41 – Siting of High Voltage Power Line Act

Requires public utility to notify landowners and public entities when applying for land use permits for high voltage power linesUtility must conduct workshops and provide informationAppeals on information submitted and of the route selected to be made to Utility Facility Review Board

SB53 – Awarding Attorney’s Fees

Provides that attorney fees may not be awarded under the private attorney general doctrineStems from Culbertson case

SB73 – Unincorporated Area Amendments

Provides a process to remove an area from a townshipCounty governing body votes firstCan be appealed to a “committee”

Withdrawn areas may be annexedProvides a process to dissolve townshipsProvides a process to create new townships, includes holding an election

SB115 – Payment of Mobile Home Park

Relocation ExpensesAuthorizes the payment of relocation expenses for dislocated mobile home park residents

SB171 – Municipal Annexation AmendmentsAffected entity definition modifiedExcludes 3-6th class counties unless area

to be annexed contains developmentExcludes school districts unless district

boundary would be modified

Allows for annexation of islands or peninsulas of less than 50 acres without a petition

SB187 – Alcohol Amendments

Eliminates private clubs

SB205 – Community Development and Renewal

Agency AmendmentsA number of benign changes to the RDA lawEliminates requirement for 20% of tax increment to go to housing in EDA areas

SB269 – Public Utility Easement AmendmentsClarifies that easements for gas, electric or phone utilities cannot be abrogated due to lack of use or adverse possession

Bills Not PassedHB74 – Township AmendmentsHB125 – Impact Fee AmendmentsHB168 – County and Municipal Zoning PowersHB214 – Sunset Date on Township StatusHB409 – Building Projects Zoning Exemption AmendmentsSB33 – Utility Transmission Corridor Siting Task Force

More Bills Not PassedSB63 – Modifications to Recording RequirementsSB128 – Rainwater HarvestingSB221 – Dedication and Abandonments of a Highway