Transcript Diapositiva 1

2013 LEGISLATIVE
UPDATE
APA Utah
April 8, 2013
LAND USE TASK FORCE
BILLS
HB224 – Impact Fee
Amendments
• Defines “level of service” and identifies
how it is to apply to impact fee calculations
• Includes private providers of public
services (water) in requirements
• Clarifies that impact fee questions can go
to ombudsman
SB153 – Local Government
Development Amendments
• Improvement bond
requirements
– Cannot be required for
those completed prior
to plat recording
– Limits warranty period
to 1 year
– Limits contingency for
bond to 10%
SB153 – Local Government
Development Amendments
• Exactions must be
conveyed to the
appropriate entity
SB153 – Local Government
Development Amendments
• Group home
provisions repealed,
note made to conform
to federal statute and
case law
SB153 – Local Government
Development Amendments
• Apply exaction rules
to special districts
SB201 – Public Use Trails
• 1st, 2nd class county
• State agency or
regional trans plan
• Commuter biking
• 50 miles long
• 2+ entities paying
• Bonds issued prior to
April 2013
• 1st, 2nd class city
• No ag property
HB349 – Local Land Use
Revisions
• Define “Lot”, “Parcel”
• Define “Vacate”,
“Vacate Plat”
• Parcel boundary adjst
• Boundary line agrmnt
• Plat vacating process
• Dedication of
easements, ROWs
•
SB66 – Referendum
Public hearing on
Provisions
fiscal & legal impact
• Take comment
• Choose to repeal or
submit
• Voter info pamphlet
• Signatures for land
use law:
– 20% in 1st, 2nd class
– 35% in all others
– From each voting
precinct
Mel Brown Bills
HB88 – Land Use Amendments
(Zoning Map Changes)
• As proposed:
– Liable for loss of
property value
– Property owner
consent required for
zoning map amds
– Detailed mailed notice
to all owners required
• As passed:
– Courtesy notice 10
days prior to 1st public
hearing
– Owners may object
– PC to consider each
objection
– PC to forward
recommendation along
with all objections
HB236 – Land Development
Revisions
• As Proposed:
– Site plans not legally
binding
– No landscaping
requirements allowed,
slopes < 12%
• As Passed:
– Definition of site plan
– Modified limits on site
plan applicability
– Landscaping
requirements only for
sf dwelling not in
floodplain, geologic
hazard area
– APPLIES ONLY TO
COUNTIES
HB130 – Boundary
Adjustment Amendments
• Defines parcel boundary adjustment
– Unsubdivided land
– Does not create new parcel
• No review by Land Use Authority needed
• Also applies to boundary line agreements,
per 57-1-45
BILLBOARD WARS!!
SB76 – Outdoor Advertising
Technology Amendments
• Cannot prohibit
conversion of existing
boards to electronic
• No forfeiture of other
boards for electronic
• Provisions for turning
off at night
SB240 – Billboard
Amendments
• Remove ability for
unilateral relocation
• Remove restrictions
on amortization
• Remove restrictions
on eminent domain
and compensation
• Define maintenance
and remodel to not
include conversion to
electronic
Interim discussion
Other Bills Passed
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•
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HB11 – Trans Corridor Presv Fund Amds
HB60 – Utility Facility Siting
HB113 – County Governing Body
HB279 – Admin Hearings by Counties
SB72 – Prison Relocation and Develpmnt
SB211 – RDA Amendments
SJR11 – Joint Resolution on
Enviro & Devel Policies
• WHEREAS, Utah has a tradition of locally driven community
planning efforts dating back to the first settlers who laid out a
community plat that formed the basis for most of the cities in Utah;
• WHEREAS, Utah regional planning efforts have focused on citizen
participation in local decision making, transparent processes, sound
technical data, response to market demand, and respect for due
process and private property;
• WHEREAS, Utah's Associations of Governments and Councils of
Governments are created and controlled by Utah cities and towns,
predate the adoption of Agenda 21 by more than 20 years, and
provide a forum for these local governments to cooperate on issues
of regional significance; and
• WHEREAS, cooperative decision making that is locally driven and
controlled provides great benefits in terms of cost and service
delivery and continues to serve the state of Utah well:
• BE IT FURTHER RESOLVED that the Legislature of the
state of Utah supports the locally directed regional
planning efforts that are occurring in Utah and
encourages other states to look to the Utah model of
collaboration that protects local sovereignty and private
property rights.