2011 Legislative Summary

Utah APA/ULI LuncheonApril 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 1st and 2nd class counties to no longer advertise in newspapers next year

• 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 Siting

• 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 Lines

• Would have allowed cities and counties to impose a .1% sales tax to create a fund for burying of utility lines

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