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2013 LEGISLATIVE UPDATE

APA Utah April 8, 2013. 2013 LEGISLATIVE UPDATE. 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

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2013 LEGISLATIVE UPDATE

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  1. APA Utah April 8, 2013 2013 LEGISLATIVE UPDATE

  2. LAND USE TASK FORCE BILLS

  3. 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

  4. 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%

  5. SB153 – Local Government Development Amendments • Exactions must be conveyed to the appropriate entity

  6. SB153 – Local Government Development Amendments • Group home provisions repealed, note made to conform to federal statute and case law

  7. SB153 – Local Government Development Amendments • Apply exaction rules to special districts

  8. 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

  9. 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

  10. SB66 – ReferendumProvisions • Public hearing on 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

  11. Mel Brown Bills

  12. 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

  13. 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

  14. 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

  15. BILLBOARD WARS!!

  16. 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

  17. 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

  18. Interim discussion

  19. Other Bills Passed • 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

  20. SJR11 – Joint Resolution onEnviro & Devel Policies

  21. 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:

  22. 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.

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