Transcript 2008 Legislative Summary
2011 Legislative Summary
Utah APA/ULI Luncheon April 4, 2011
PLANNING BILLS
HB78 – Developer Fees
• Clarifies what “identical plans” are • Upon request, must provide basis for any
fee charged, accounting of where fees go and what they are expended for
• Must establish appeal process for fees
HB295 – Outdoor Advertising Amendments • Defines more specifically what an off-
premises sign is and what outdoor advertising is
• Puts burden of proof for what is
occurring on-premises on owner
• More specific for “public assembly
facility,” what signs for such use can display
• Requires adopted lumination standards
to apply to ALL signs
HB412 – Land Use Revisions
• Defines “therapeutic school” • Makes clear it is not a charter school • Includes language on Fair Housing Act
under group homes section of LUDMA
HB432 – Nuisance Amendments
• Provision states that a manufacturing
facility in operation for more than 3 years cannot be declared a nuisance
• Bill adds due to “circumstances in land
uses near the facility”
HB434 – County Amendments
• Requires that for original and
“reconstituted” townships, governing body must enact ordinance by Jan. 1, 2012 for 3 PC positions to be elected
• If no one files for an open elected seat,
may be filled by appointment
HB445 – Prison Relocation and Development Authority Act • Creates a PRDA, specifies members • Authorizes it to receive, evaluate
proposals to relocate the state prison
• Report recommendations to Governor • Governor to report to Legislative
Management Committee
HB487 – County Use of Land Use Ordinance • Applies to counties only • Specifies that an owner of record of a lot
is sufficient to re-subdivide a lot
• Changes from “may” to “shall”
requirement to comply with 17-27a-603
SB70 – Community Development and Renewal Agency Amendments • Changes required vote of taxing entity
cmte for a project that is inactive industrial site, inactive airport, or closed military base to simple majority
• Does not allow cmte to rescind
approvals (unless agreed to prior)
• Excludes cultural or recreational uses
from definition of municipal bldgs
• Prohibits UDOT from closing rail
crossings on inactive industrial site
SB126 – Local District Service Amendments • Requires special service districts to
follow the same requirements as local governments on charging fees, exactions, and improvement guarantees
SB146 – Impact Fee Amendments
• Recodification of impact fee codes • “Capital facilities plan” becomes “impact
fee facilities plan”
• “Development activity” definition clearly
includes local districts
• Easier to repeal outdated impact fees • Easier to waive impact fees for
affordable housing
• Made clear ombudsman third party
opinion process applies to impact fees
SB178- Municipal Land Use Amendments • Continuation of last year’s bill on
changes required of non-conforming rental housing
• Allows for requiring smoke detectors,
GFI outlets, new plumbing and electrical systems if current system does not function, hand/guard rails, separation doors, and egress windows if does not compromise structure and meets all other code requirements
• Does not allow for abatement
SB243 – Historic Areas or Sites Amendments • Targeted to Yalecrest neighborhood in
SLC
• Prohibits designation of historic district,
amending of other existing zoning, or demolitions until May 2012
SB282 – Small Mining Operations
• Changes definition of small mining
operation (type of permit required):
• In counties, from 5 to 10 acres • In cities, 5 acres at any given time
SB293 – MIDA and Annexation Amendments • MIDA can petition for annexation of
military property as if it were sole owner
• Military can object, in which case MIDA
cannot proceed
• County permission to create MIDA
project area not required if entirely within municipal boundary
• Bonding language
PROCEDURE BILLS
HB54 – Electronic Communications in Public Meetings
• Defines electronic communication • Allows a member of a public body to
transmit an electronic message to other members of the public body when the public body is not convened in an open meeting
HB267 – Public Body Rules of Procedure
• Requires public bodies to adopt rules of
procedure that address:
– Parlimentary order and procedure – Ethical behavior – Civil discourse • Rules to be made available to the public
at each meeting and on website
SB85 – Legal Notice Amendments
• Eliminates provision that would have
allowed 1 year st and 2 nd class counties to no longer advertise in newspapers next
• Newspapers can charge no more for
legal notices than their average advertising rate
• Requires newspapers to have legal
notice website, include notices there
• Includes local and special service
districts
FAILED BILLS OF INTEREST
HB 49 – Utility Facility Sit
ing • Prompted by power line location
disputes in Tooele and Box Elder Counties
HB197 – Amendments to Municipal and County Powers
• Would have prohibited cities and
counties from regulating temporary signs
• Would have defined what are temporary
signs
HB286 – Funding for Burying Utility
fund for burying of utility lines
Lines
• Would have allowed cities and counties
to impose a .1% sales tax to create a
HB380 – Utah Lands Protection Act
• Would have prohibited State from
changing management plan or selling land in National Parks, if they were to come under state jurisdiction
HB419 – State Land Use Planning
• Would have required any change in use
of Federal land, or change in wilderness designation, to first be approved by the state legislature
SB231 – Film Enterprise Zone
• Would have allowed GOED to approve
location for film studios “and other reasonable uses commensurate with the film industry” of at least 20 and no more than 50 acres, regardless of local zoning and land use requirements