2009 Legislative Update

1. 2009 Legislative Update ULI Breakfast April 2, 2009

2. Impact Fees & Exactions

3. 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”

4. 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

5. 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

6. 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

7. 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

8. Subdivisions

9. SB209 – LUDMA Amendments • Long promised modification of subdivisions section of LUDMA • Simplifies process for amending plats • Simplifies process for vacating streets and easements

10. 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

11. VETOEDHB156 – 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

12. HB258 – Amendments to Notice Provisions for Subdivision Changes • Technical correction • Changes a code reference for giving notice

13. Billboards

14. 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

15. 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

16. 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

17. Open Meetings and Notice

18. HB323 – Amendments Regarding Notice on Utah Public Notice Website • Changes requirement for notices for adoption or amendment of general plans or capital facility plans

19. 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

20. 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

21. Land Use Exemptions

22. HB27 – Protections for Agricultural Areas • Clarifies that normal agricultural activities are not nuisances

23. 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

24. 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

25. 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”

26. 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

27. 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

28. Odds and Ends

29. 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

30. HB205 – Water Source Protection Amendments • Limits requirement for adoption of water source protection to 1st and 2nd class counties and their cities

31. 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

32. 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

33. SB53 – Awarding Attorney’s Fees • Provides that attorney fees may not be awarded under the private attorney general doctrine • Stems from Culbertson case

34. 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

35. SB115 – Payment of Mobile Home Park Relocation Expenses • Authorizes the payment of relocation expenses for dislocated mobile home park residents

36. 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

37. SB187 – Alcohol Amendments • Eliminates private clubs

38. 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

39. 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

40. 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

41. More Bills Not Passed • SB63 – Modifications to Recording Requirements • SB128 – Rainwater Harvesting • SB221 – Dedication and Abandonments of a Highway