Transcript 2009 Legislative Update - American Planning Association

2009 Legislative
Update
ULI Breakfast
April 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 facility
Tightens up provisions on impact fees
Provides 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 calculations
Local governments to respond “with
reasonable promptness”
Once determined, fees cannot be changed
unless plans are altered
Makes some changes to the way fees are
calculated
Specifies 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 days
Requires written certification from preparer of
impact fee analysis of compliance with code
Allows for fire trucks of more than $500,000

Fees only to be assessed on non-residential
developments
SB153 – County and
Municipal Land Use
Amendments
Prohibits charging of fees for approvals
and permits that may exceed actual
costs
Requires cities and counties, upon
request, to provide itemized detail of
fees being charged
Prohibits 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 LUDMA
Simplifies process for amending plats
Simplifies 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 meeting
Eliminates requirement for a
recommendation for plat approval from
the planning commission
VETOED
HB156 – Subdivision
Approval Amendments
Allows for parceling off one lot per 100
acres without complying with plat or
subdivision requirements
Applies only in counties of classes 3-6
Prohibits 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 correction
Changes 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 rules
Compensation 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 designation
Changes 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 landowners
Exempts Legacy Parkway
Open Meetings
and Notice
HB323 – Amendments
Regarding Notice on Utah
Public Notice Website
Changes requirement for notices for
adoption or amendment of general plans
or capital facility plans
SB26 – Open and Public
Meetings Act – Meeting
Record
Info added to minutes at request of board
member only if actual part of proceedings
Establish process for approval of written
minutes
Meeting recording must be available to the
public within 3 days
Repeals requirement to convert recordings to
writing
Written 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 newspapers
As of Jan. 1, 2012, in 1st & 2nd class counties,
notices must be published on website and
may be published in print
After 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 recorder
Requires signatures of 100% of owners
to allow annexation
Zoning cannot be changed without
consent of all owners
Cannot 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 area
Limits local government ability to change
zoning in such areas
Prohibits any type of land use regulation of
vested mining rights, including drinking water
protection
Any 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
area
Owner to provide written notice to local gov
 Public hearing must be held
 Expansion 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 Amendments
Makes a number of changes to MIDA
code, intended for development of west
side of HAFB
Very close to being another form of local
government
SB216 - MIDA
Allows up to 100 acres of private land
adjoining military land in counties of 3-6
class to be included in a MIDA project
area
All 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
development
Land has extensive archeological site
HB205 – Water Source
Protection Amendments
Limits requirement for adoption of water
source protection to 1st and 2nd class
counties and their cities
HB342 –
Disproportionate Rental
Fee Amendments
Clarifies provisions regarding adoption
of disproportionate license fees for
apartments
Requires “good landlord” program

Allows 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 lines
Utility must conduct workshops and provide
information
Appeals 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 doctrine
Stems from Culbertson case
SB73 – Unincorporated
Area Amendments
Provides a process to remove an area from a
township
 County governing body votes first
 Can be appealed to a “committee”
Withdrawn areas may be annexed
Provides a process to dissolve townships
Provides a process to create new townships,
includes holding an election
SB115 – Payment of
Mobile Home Park
Relocation Expenses
Authorizes the payment of relocation
expenses for dislocated mobile home
park residents
SB171 – Municipal
Annexation
Amendments
Affected entity definition modified
Excludes 3-6th class counties unless area
to be annexed contains development
 Excludes 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 Amendments
A number of benign changes to the RDA
law
Eliminates requirement for 20% of tax
increment to go to housing in EDA
areas
SB269 – Public Utility
Easement Amendments
Clarifies that easements for gas, electric
or phone utilities cannot be abrogated
due to lack of use or adverse
possession
Bills Not Passed
HB74 – Township Amendments
HB125 – Impact Fee Amendments
HB168 – County and Municipal Zoning
Powers
HB214 – Sunset Date on Township
Status
HB409 – Building Projects Zoning
Exemption Amendments
SB33 – Utility Transmission Corridor
Siting Task Force
More Bills Not Passed
SB63 – Modifications to Recording
Requirements
SB128 – Rainwater Harvesting
SB221 – Dedication and Abandonments
of a Highway