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. 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

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 1 st & 2 nd 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 1 st and 2 nd 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 3-6 th 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