Text: HF00339                           Text: HF00341
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 340

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  366.1  CITY DEVELOPMENT BOARD
  1  2 CREATED.
  1  3    1.  A city development board is created.  The department of
  1  4 economic development shall provide office space and staff
  1  5 assistance, and shall budget funds to cover expenses of the
  1  6 board and committees in carrying out duties assigned to the
  1  7 board in this chapter and in chapter 368.  The board shall
  1  8 consist of nine members appointed by the governor subject to
  1  9 confirmation by the senate.  The appointments shall be for
  1 10 six-year staggered terms beginning and ending as provided in
  1 11 section 69.19, or to fill an unexpired term in case of a
  1 12 vacancy.  Members are eligible for reappointment, but a member
  1 13 shall not serve more than two complete six-year terms.
  1 14    2.  The board shall be composed of the following members:
  1 15    a.  One member appointed from a city with a population of
  1 16 forty-five thousand or less.
  1 17    b.  One member appointed from a city with a population of
  1 18 more than forty-five thousand but less than one hundred
  1 19 thousand.
  1 20    c.  One member appointed from a city with a population of
  1 21 one hundred thousand or more.
  1 22    d.  One member appointed from a county with a population of
  1 23 fifty thousand or less.
  1 24    e.  One member appointed from a county with a population of
  1 25 more than fifty thousand but less than one hundred thousand.
  1 26    f.  One member appointed from a county with a population of
  1 27 one hundred thousand or more.
  1 28    g.  One member appointed by the secretary of agriculture.
  1 29    h.  One member appointed by the director of the department
  1 30 of natural resources.
  1 31    i.  One member appointed to represent the general public.
  1 32    3.  Each member is entitled to receive from the state
  1 33 actual and necessary expenses in performance of board duties
  1 34 and may also be eligible to receive compensation as provided
  1 35 in section 7E.6.
  2  1    Sec. 2.  NEW SECTION.  366.2  DUTIES AND POWERS OF THE
  2  2 BOARD.
  2  3    1.  The board shall do all of the following:
  2  4    a.  Adopt by rule any procedures necessary to administer
  2  5 this chapter and chapters 367 and 368.
  2  6    b.  Adopt by rule any statewide land use policies that it
  2  7 considers necessary to administer chapter 367.
  2  8    c.  Review land use decisions of the court of appeals and
  2  9 the supreme court within one hundred twenty days of the date
  2 10 the decisions are issued to determine if rule amendments are
  2 11 necessary.
  2 12    d.  Prepare, collect, provide, or cause to be prepared,
  2 13 collected, or provided, county land use inventories for all
  2 14 counties.
  2 15    e.  Coordinate planning efforts of state agencies to assure
  2 16 compatibility with city and county growth plans.
  2 17    f.  Perform other duties required by law, including
  2 18 functions necessary in administering its duties under this
  2 19 chapter and chapters 367 and 368.
  2 20    2.  The board may do any of the following:
  2 21    a.  Contract with any public agency for the performance of
  2 22 services or the exchange of employees or services by one to
  2 23 the other necessary in administering this chapter and chapters
  2 24 367 and 368.
  2 25    b.  Contract for the services of and consult with
  2 26 professional persons or organizations, not otherwise available
  2 27 through federal, state, and local governmental agencies, in
  2 28 administering its duties under this chapter and chapters 367
  2 29 and 368.
  2 30    c.  Apply for and receive moneys from the federal
  2 31 government and from this state or any of its agencies or
  2 32 departments.
  2 33    d.  Establish filing fees for applications and petitions
  2 34 submitted to the board under chapter 368.
  2 35    Sec. 3.  NEW SECTION.  366.3  RULES – ESTABLISHMENT OF
  3  1 FILING FEES.
  3  2    The board shall adopt rules pursuant to chapter 17A
  3  3 necessary for the performance of its duties and the conduct of
  3  4 proceedings before it pursuant to this chapter and chapters
  3  5 367 and 368.
  3  6    Sec. 4.  NEW SECTION.  366.4  STATE LAND USE STRATEGIC
  3  7 DEVELOPMENT COUNCIL.
  3  8    1.  The state land use strategic development council is
  3  9 created as the state's principal agency overseeing planning by
  3 10 major state agencies involved in large-scale development
  3 11 projects.  The purpose of the council is to ensure that
  3 12 development by state agencies is coordinated, including
  3 13 through the adoption of a state strategic development plan as
  3 14 provided in section 366.7.
  3 15    2.  The council shall be composed of all of the following
  3 16 persons:
  3 17    a.  The governor or the governor's designee who shall serve
  3 18 as the chairperson of the council.
  3 19    b.  The director of the department of economic development
  3 20 or a designee.
  3 21    c.  The director of the department of natural resources or
  3 22 a designee.
  3 23    d.  The director of the department of transportation or a
  3 24 designee.
  3 25    e.  The director of the department of corrections or a
  3 26 designee.
  3 27    f.  The director of the department of general services or a
  3 28 designee.
  3 29    g.  The secretary of agriculture or a designee.
  3 30    h.  The state historic preservation officer appointed by
  3 31 the director of the department of cultural affairs.
  3 32    i.  A designee appointed by the state board of regents as
  3 33 provided for in chapter 262.  The member shall be appointed
  3 34 from the university of Iowa, Iowa state university, and the
  3 35 university of northern Iowa on a rotating basis.  Each
  4  1 appointee shall serve one term prior to replacement.  A member
  4  2 appointed under this proposal shall be an expert in issues
  4  3 relating to land use planning.
  4  4    j.  Four members of the general assembly, who shall serve
  4  5 as nonvoting, ex officio members.  The members shall include
  4  6 two members of the senate appointed by the president of the
  4  7 senate, after consultation with the majority leader and the
  4  8 minority leader of the senate, and two members of the house of
  4  9 representatives appointed by the speaker of the house, after
  4 10 consultation with the majority leader and the minority leader
  4 11 of the house.  The legislative members shall be appointed upon
  4 12 the convening and for the period of each general assembly.
  4 13 Not more than one member from each house shall be of the same
  4 14 political party.
  4 15    Sec. 5.  NEW SECTION.  366.5  COUNCIL – POWERS AND DUTIES.
  4 16    1.  The purpose of the council is to ensure that
  4 17 development by state agencies is coordinated, including
  4 18 through the adoption of a state strategic development plan as
  4 19 provided in section 366.7.
  4 20    2.  The board shall adopt rules pursuant to chapter 17A
  4 21 which are necessary to administer its duties under this
  4 22 chapter.
  4 23    Sec. 6.  NEW SECTION.  366.6  CONSULTATION DURING MAJOR
  4 24 DEVELOPMENT PROJECTS.
  4 25    1.  The state land use strategic development council shall
  4 26 meet regularly and its members shall consult when a state
  4 27 agency is engaged in a major development project.  The state
  4 28 agency must consult with the council during regularly
  4 29 scheduled meetings conducted throughout the planning stages of
  4 30 a major public project.
  4 31    2.  A state agency shall not begin construction of a major
  4 32 public project prior to consulting with the council.
  4 33    3.  In reviewing a major public project, the council shall
  4 34 to every extent practical ensure that the missions, policies,
  4 35 and goals of affected member agencies are not negatively
  5  1 impacted.  The major public project shall be consistent with
  5  2 the state strategic development plan as required by section
  5  3 366.7.
  5  4    Sec. 7.  NEW SECTION.  366.7  STATE STRATEGIC DEVELOPMENT
  5  5 PLAN.
  5  6    1.  The council shall establish, maintain, and revise a
  5  7 state strategic development plan.
  5  8    2.  The state plan shall require that development comply
  5  9 with requirements that to every degree practical preserve the
  5 10 most productive farmland; protect soil from wind and water
  5 11 erosion; protect and enhance natural and recreational areas
  5 12 and wildlife; encourage higher density and efficient urban
  5 13 development patterns; foster alternative transportation
  5 14 systems; encourage mixed use development; and preserve,
  5 15 protect, and maintain significant historic or cultural
  5 16 resources.
  5 17    3.  Each state agency shall adopt policies governing
  5 18 development, including planning and construction of projects,
  5 19 which implement development standards and practices as
  5 20 required in the state strategic development plan.
  5 21    4.  A state agency shall not begin construction of a major
  5 22 public project unless the state agency consults with member
  5 23 agencies during a council meeting.  The state agency proposing
  5 24 construction shall submit a plan of development to the council
  5 25 for consideration.  The plan shall summarize the major public
  5 26 project and explain how the major public project complies with
  5 27 the requirements of this section.  The state agency shall
  5 28 regularly inform the council of the progress of the major
  5 29 public project during the course of its construction.
  5 30    5.  Any concern about or objection to the planning or
  5 31 construction of a major public project expressed by a member
  5 32 agency or the council shall be noted in the minutes of the
  5 33 council.  Nothing in this section authorizes the council to
  5 34 disapprove a plan for development or alter construction of the
  5 35 major public project.
  6  1    6.  The council shall approve an initial state strategic
  6  2 development plan by July 1, 2001.
  6  3    Sec. 8.  NEW SECTION.  366.8  OVERSIGHT.
  6  4    1.  The council shall report to the commission during its
  6  5 October meeting as provided in section 366.9.  The report
  6  6 shall include a summary of any major public projects
  6  7 considered by the council, including any comments or
  6  8 objections noted by the council or member agencies.
  6  9    2.  The council shall annually report to the commission as
  6 10 required by the commission.  The council shall regularly
  6 11 report to the committee of the general assembly which is
  6 12 primarily responsible for legislative oversight of state
  6 13 agencies, as required, by the committee.  The council shall do
  6 14 all of the following:
  6 15    a.  Present information to the committee as requested by
  6 16 the committee.
  6 17    b.  Notify the committee of the planning stages of a major
  6 18 public project initiated by a member agency, including any
  6 19 comments or objections of the council or a member agency.
  6 20    c.  Submit a copy of its state strategic development plan
  6 21 and any amendments to or revisions of the plan with the
  6 22 committee.
  6 23    Sec. 9.  NEW SECTION.  366.9  LAND USE PLANNING COMMISSION
  6 24 FOR DEVELOPMENT MANAGEMENT AND FARMLAND AND NATURAL AREA
  6 25 PROTECTION.
  6 26    1.  The land use planning commission for development
  6 27 management and farmland and natural area protection is created
  6 28 as the state's advisory and oversight body responsible for
  6 29 monitoring the administration of sections 366.4 through 366.8
  6 30 and chapter 367, and considering policies and approaches
  6 31 required to accomplish the purposes of those provisions.
  6 32    2.  The commission shall be composed of twenty-one voting
  6 33 members with diverse expertise in planning development,
  6 34 design, zoning, annexation, agriculture, historic
  6 35 preservation, and conservation, including all of the
  7  1 following:
  7  2    a.  Four members of the general assembly, as follows:
  7  3    (1)  Not more than one member from each chamber shall be
  7  4 from the same political party.  The two senators shall be
  7  5 appointed by the majority leader of the senate after
  7  6 consultation with the president of the senate and the minority
  7  7 leader of the senate.  The two representatives shall be
  7  8 appointed by the speaker of the house of representatives after
  7  9 consultation with the majority and minority leaders of the
  7 10 house of representatives.
  7 11    (2)  Of the members from each chamber, one member shall
  7 12 represent a district which is primarily urban, while the other
  7 13 member shall represent a district which is primarily rural.
  7 14    b.  One member appointed by the governor.
  7 15    c.  The executive director of the Iowa farm bureau
  7 16 federation or a designee of the executive director.
  7 17    d.  The executive director of the Iowa farmers' union or a
  7 18 designee of the executive director.
  7 19    e.  The executive director of the Iowa league of cities or
  7 20 a designee of the executive director.
  7 21    f.  The executive director of the Iowa state association of
  7 22 counties or a designee of the executive director.
  7 23    g.  The chairperson of the department of community and
  7 24 regional planning in the college of design at Iowa state
  7 25 university of science and technology.
  7 26    h.  The president of the Iowa chapter of the American
  7 27 planning association or a designee of the president.
  7 28    i.  The executive director of the associated builders and
  7 29 contractors of Iowa, inc. or a designee of the executive
  7 30 director.
  7 31    j.  The executive director of the Iowa association of soil
  7 32 and water conservation district commissioners or a designee of
  7 33 the executive director.
  7 34    k.  The executive director of the Iowa historic
  7 35 preservation alliance or a designee of the executive director.
  8  1    l.  The president of the Iowa chapter of the American
  8  2 society of landscape architects or a designee of the
  8  3 president.
  8  4    m.  The executive director of the Iowa chapter of the
  8  5 American institute of architects or a designee of the
  8  6 executive director.
  8  7    n.  The executive director of the Iowa natural heritage
  8  8 foundation or a designee of the executive director.
  8  9    o.  The executive director of the Iowa public transit
  8 10 association or a designee of the executive director.
  8 11    p.  The executive director of the Iowa sportsmen's
  8 12 federation or a designee of the executive director.
  8 13    q.  The president of the Iowa Audubon council or a designee
  8 14 of the president.
  8 15    r.  One member appointed jointly by the Iowa cattlemen's
  8 16 association, the Iowa pork producers association, the Iowa
  8 17 sheep producers association, the Iowa turkey federation, the
  8 18 Iowa poultry association, the Iowa state dairy association,
  8 19 the Iowa corn growers association, and the Iowa soybean
  8 20 association.
  8 21    3.  An appointee or a designee appointed under this section
  8 22 serves at the pleasure of the appointing authority.
  8 23    4.  The commission shall be chaired by two members of the
  8 24 general assembly, one appointed by the majority leader of the
  8 25 senate and one appointed by the speaker of the house of
  8 26 representatives.  The commission shall meet on call of the co-
  8 27 chairpersons each year during the first week of October.  The
  8 28 commission may meet at other times on call of the co-
  8 29 chairpersons, if the co-chairpersons determine that
  8 30 extraordinary circumstances require a meeting.
  8 31    Sec. 10.  NEW SECTION.  366.10  COMMISSION POWERS AND
  8 32 DUTIES.
  8 33    1.  The commission shall oversee the administration of this
  8 34 chapter, monitor the effectiveness of public agencies in
  8 35 achieving the purposes of sections 366.4 through 366.8 and
  9  1 chapter 367, and study methods to better achieve those
  9  2 purposes.  The council and the board shall report to the
  9  3 commission as required by the commission.
  9  4    2.  The commission shall study issues of special concern
  9  5 affecting land use planning, urban growth management, and the
  9  6 protection of farmland and natural areas.
  9  7    3.  The commission shall submit a report to the governor
  9  8 and the general assembly by January 10 of each year.  The
  9  9 report shall include findings and recommendations, including
  9 10 any proposed legislation, which shall be submitted as a
  9 11 departmental bill.
  9 12    Sec. 11.  NEW SECTION.  366.11  REPEAL OF COMMISSION –
  9 13 DIRECTIONS TO CODE EDITOR.
  9 14    Sections 366.9 and 366.10 and this section are repealed on
  9 15 January 1, 2003.  The Iowa Code editor shall eliminate those
  9 16 sections from the 2003 Code of Iowa and correct internal
  9 17 references as necessary.
  9 18    Sec. 12.  NEW SECTION.  367.1  INTENT.
  9 19    It is the intent of the general assembly to provide for the
  9 20 orderly use and development of land in the state, to preserve
  9 21 private property rights, to preserve the use of prime
  9 22 agricultural land for agricultural production, to preserve
  9 23 natural, cultural, and historical areas, and to provide for
  9 24 the coordination of comprehensive plans for land use.  It is
  9 25 the further intent of the general assembly to control urban
  9 26 sprawl, and thereby provide for the protection and
  9 27 preservation of the private and public interest in the land,
  9 28 water, and related resources of this state for the public
  9 29 health, safety, and general welfare, and for the benefit of
  9 30 present and future generations.
  9 31    Sec. 13.  NEW SECTION.  367.2  LAND USE COMMITTEE CREATED.
  9 32    1.  Except as provided in subsection 2 or 3, on or before
  9 33 October 1, 1999, a land use committee is created within each
  9 34 county which shall be composed of the following members:
  9 35    a.  A member of the county board of supervisors appointed
 10  1 by the county board of supervisors.
 10  2    b.  The mayor of each city in the county or the mayor's
 10  3 designee as confirmed by the city council.
 10  4    c.  One member appointed by the board of directors of the
 10  5 county's soil conservation district, who shall represent
 10  6 agricultural interests.
 10  7    d.  One member appointed by the board of the school
 10  8 district having the largest student enrollment in the county.
 10  9    e.  Two members appointed by the county board of
 10 10 supervisors and two members appointed by the mayor of the
 10 11 largest city, to assure broad representation of agricultural,
 10 12 environmental, construction, and homeowner interests.
 10 13    2.  In lieu of the land use committee created in subsection
 10 14 1, in any county in which the largest city comprises at least
 10 15 sixty percent of the population of the county and in which no
 10 16 other city has a population in excess of one thousand, the
 10 17 land use committee shall be the municipal planning commission
 10 18 of the largest city in the county.
 10 19    3.  In lieu of the land use committee created in subsection
 10 20 1, a joint land use committee shall be created between any
 10 21 county with a population over three hundred thousand and all
 10 22 the counties adjoining such county.  Appointments to the joint
 10 23 committee shall be as provided in subsection 1, for each
 10 24 county represented on the joint committee.
 10 25    Sec. 14.  NEW SECTION.  367.3  RECOMMENDED GROWTH PLAN.
 10 26    1.  The land use committee shall develop a recommended
 10 27 growth plan for the county or counties.  The recommended
 10 28 growth plan shall identify urban growth areas for each city
 10 29 within the county or counties and shall identify planned
 10 30 growth areas and rural areas outside cities within the county
 10 31 or counties, all in conformance with the provisions of this
 10 32 chapter.
 10 33    2.  In developing a recommended growth plan, the land use
 10 34 committee shall give due consideration to proposals for urban
 10 35 growth areas as may be timely proposed and submitted to the
 11  1 land use committee by each city council.  The land use
 11  2 committee shall also give due consideration to such planned
 11  3 growth areas and rural areas as may be timely proposed and
 11  4 submitted to the land use committee by the county board of
 11  5 supervisors.
 11  6    3.  The land use committee shall utilize planning resources
 11  7 that are available within the county, including city and
 11  8 county planning commissions and zoning administrators.  The
 11  9 land use committee is also encouraged to utilize the services
 11 10 of the councils of governments, Iowa state university of
 11 11 science and technology, the university of Iowa, and the
 11 12 university of northern Iowa.
 11 13    Sec. 15.  NEW SECTION.  367.4  PUBLIC HEARINGS REQUIRED.
 11 14    Prior to final approval of the recommended growth plan by
 11 15 the land use committee, the land use committee shall hold at
 11 16 least two public hearings on the proposed recommended growth
 11 17 plan.  The county auditor shall give at least ten days' notice
 11 18 of the time, place, and purpose of the public hearing by
 11 19 notice published in a newspaper of general circulation in the
 11 20 county or counties.
 11 21    Sec. 16.  NEW SECTION.  367.5  RATIFICATION OF RECOMMENDED
 11 22 GROWTH PLAN.
 11 23    1.  Not later than January 1, 2001, the land use committee
 11 24 shall submit the recommended growth plan to the board of
 11 25 supervisors and the city council of each city for ratification
 11 26 by each governing body.  However, if a city is completely
 11 27 contiguous to and surrounded by one or more cities, or by one
 11 28 or more cities and the boundaries of another state, the
 11 29 corporate limits of the surrounded city shall constitute the
 11 30 boundaries of the city's urban growth areas and such city
 11 31 shall not be eligible to ratify or reject the recommended
 11 32 growth plan.  Not later than one hundred twenty days after
 11 33 receiving the recommended growth plan, the county board of
 11 34 supervisors or city council, as the case may be, shall either
 11 35 ratify or reject the recommended growth plan.  Failure to act
 12  1 within one hundred twenty days shall be deemed to constitute
 12  2 ratification by the county or city of the recommended growth
 12  3 plan.
 12  4    2.  If the county or any city in the county rejects the
 12  5 recommended growth plan submitted by the land use committee,
 12  6 the county or city shall submit its objections to the plan.
 12  7 After receiving objections to the plan, the land use committee
 12  8 may recommend a revised growth plan and shall submit the
 12  9 revised growth plan for ratification to the county board of
 12 10 supervisors and the city council of each city.
 12 11    Sec. 17.  NEW SECTION.  367.6  DISPUTE RESOLUTION – CITY
 12 12 DEVELOPMENT BOARD.
 12 13    1.  If a recommended growth plan or a revised growth plan
 12 14 is rejected pursuant to section 367.5, the land use committee
 12 15 shall submit each of the rejected plans to the city
 12 16 development board created in section 366.1 for resolution of
 12 17 the matter.
 12 18    2.  The city development board shall review the plans and,
 12 19 if necessary, shall amend a plan giving due consideration to
 12 20 the following:
 12 21    a.  In a dispute over urban growth areas or planned growth
 12 22 areas, whether one city is better able than another to provide
 12 23 urban services in the disputed territory.
 12 24    b.  In a dispute over rural growth areas whether territory
 12 25 which is prime agricultural or prime natural resource land
 12 26 according to the county's land use inventory for the area is
 12 27 identified as such.
 12 28    3.  The city development board shall submit to the board of
 12 29 supervisors a recommended growth plan for distribution to each
 12 30 city in the county.  The board of supervisors and the city
 12 31 council of each city in the county shall be given a reasonable
 12 32 time to consider the recommended growth plan proposed by the
 12 33 city development board.  If the board of supervisors and the
 12 34 city council of each city eligible to approve a plan do not
 12 35 approve the recommended growth plan submitted by the city
 13  1 development board, the city development board shall be
 13  2 notified of such fact by the county board of supervisors.  A
 13  3 notice of rejection submitted to the city development board
 13  4 may be accompanied by final recommendations for amendment to
 13  5 the growth plan.
 13  6    Sec. 18.  NEW SECTION.  367.7  RECOMMENDED GROWTH PLAN TO
 13  7 CITY DEVELOPMENT BOARD.
 13  8    No later than July 1, 2001, the growth plan recommended or
 13  9 revised by the land use committee and ratified by the board of
 13 10 supervisors and the city council of each city in the county or
 13 11 alternatively adopted by the city development board shall be
 13 12 submitted to and approved by the city development board.  If
 13 13 the city development board determines that the plan conforms
 13 14 with the requirements of this chapter, the board shall grant
 13 15 its approval, and the growth plan shall become effective upon
 13 16 its recording with the county recorder.  If the city
 13 17 development board determines that the growth plan does not
 13 18 conform to this chapter, the board shall adopt and grant its
 13 19 approval of amendments to the plan for the sole purpose of
 13 20 complying with the requirements of this chapter.
 13 21    Sec. 19.  NEW SECTION.  367.8  RECORDING OF GROWTH PLAN.
 13 22    After the city development board has approved a growth
 13 23 plan, the board shall forward a copy to the county auditor who
 13 24 shall record the plan in the office of county recorder no
 13 25 later than five days after receiving the plan from the board.
 13 26    Sec. 20.  NEW SECTION.  367.9  DURATION.
 13 27    After a growth plan has been recorded, the plan shall
 13 28 remain in effect for not less than five years absent a showing
 13 29 of extraordinary circumstances necessitating a change in the
 13 30 plan.  After expiration of the five-year period, a city or the
 13 31 county may propose an amendment to the growth plan by filing
 13 32 notice with the county board of supervisors and the city
 13 33 council of each city in the county.  Upon receipt of such
 13 34 notice, the county board of supervisors and city councils of
 13 35 each city shall promptly take the appropriate action necessary
 14  1 to reconvene the land use committee.  The burden of proving
 14  2 the reasonableness of a proposed amendment to the plan shall
 14  3 be upon the party proposing the amendment.  The procedures for
 14  4 amending the growth plan shall be the same as the procedures
 14  5 in this chapter for establishing the original plan.
 14  6    Sec. 21.  NEW SECTION.  367.10  EFFECT OF GROWTH PLAN.
 14  7    A growth plan approved by the city development board shall
 14  8 be the basis for the comprehensive plan of each county
 14  9 required pursuant to section 335.5, if the county has adopted
 14 10 a zoning ordinance, and for the comprehensive plan of each
 14 11 city in the county required pursuant to section 414.3.  The
 14 12 county and each city shall amend its comprehensive plan to
 14 13 conform to the growth plan approved by the city development
 14 14 board.  After a growth plan is approved, all land use
 14 15 decisions made by the governing body of each city and county
 14 16 and the city's or county's planning commission shall be
 14 17 consistent with the growth plan.
 14 18    Sec. 22.  NEW SECTION.  367.11  APPEAL – JUDICIAL REVIEW.
 14 19    1.  The affected county, an affected city, a resident of
 14 20 such county, or an owner of real property located within such
 14 21 county may appeal a decision of the city development board
 14 22 relating to the recommended growth plan presented to the board
 14 23 for its approval.  The judicial review provisions of this
 14 24 section and chapter 17A shall be the exclusive means by which
 14 25 a person or party who is aggrieved or adversely affected by
 14 26 action of the city development board may seek judicial review
 14 27 of that board action.
 14 28    2.  Appeal must be filed within sixty days after the growth
 14 29 plan is recorded upon final approval of the city development
 14 30 board.  In accordance with the Iowa rules of civil procedure
 14 31 pertaining to service of process, copies of the petition shall
 14 32 be served upon the city development board, the county, and
 14 33 each city located in the county.
 14 34    3.  The court's review on appeal of a decision is limited
 14 35 to questions relating to jurisdiction, regularity of
 15  1 proceedings, and whether the decision appealed from is, by a
 15  2 preponderance of the evidence, arbitrary, unreasonable, or
 15  3 without substantial supporting evidence.  The court may
 15  4 reverse and remand a decision of the city development board
 15  5 with appropriate directions to the county and the cities in
 15  6 the county in order to identify and obtain adoption or
 15  7 approval of a growth plan in conformance with the procedures
 15  8 set forth in this chapter.
 15  9    4.  The filing of a petition for review does not stay the
 15 10 effectiveness of the growth plan and the urban growth areas,
 15 11 planned growth areas, and rural areas identified in the plan.
 15 12 However, the court may order a stay upon appropriate terms if
 15 13 it is shown to the satisfaction of the court that any party or
 15 14 the public at large is likely to suffer significant injury if
 15 15 a stay is not granted.  If more than one petition for review
 15 16 regarding a single board decision is filed, all such petitions
 15 17 shall be consolidated and tried as a single civil action.
 15 18    5.  The following portions of section 17A.19 are not
 15 19 applicable to this chapter:
 15 20    a.  The portion of subsection 2 relating to where
 15 21 proceedings for judicial review shall be instituted.
 15 22    b.  Subsection 5.
 15 23    c.  Subsection 8.
 15 24    d.  Subsections 10 through 12.
 15 25    Sec. 23.  NEW SECTION.  367.12  GROWTH PLAN – GOALS AND
 15 26 OBJECTIVES.
 15 27    The purpose of a growth plan is to direct the coordinated,
 15 28 efficient, and orderly development of the political
 15 29 subdivision and its environs that will, based on an analysis
 15 30 of present and future needs, best promote the public health,
 15 31 safety, morals, and general welfare.  The goals and objectives
 15 32 of a growth plan include the following:
 15 33    1.  Protect agricultural land for use in agricultural
 15 34 production.
 15 35    2.  Provide a unified physical design for the development
 16  1 of the local community.
 16  2    3.  Encourage a pattern of compact and contiguous high-
 16  3 density development to be guided into urban growth areas or
 16  4 planned growth areas.
 16  5    4.  Establish an acceptable and consistent level of public
 16  6 services and community facilities and ensure timely provision
 16  7 of those services and facilities.
 16  8    5.  Promote the adequate provision of employment
 16  9 opportunities and the economic health of the political
 16 10 subdivision.
 16 11    6.  Conserve features of significant statewide or regional
 16 12 architectural, cultural, historical, or archaeological
 16 13 interest.
 16 14    7.  Protect life and property from the effects of natural
 16 15 hazards and natural disasters, such as flooding, winds, and
 16 16 wildfires.
 16 17    8.  Take into consideration such other matters that may be
 16 18 logically related to or form an integral part of a plan for
 16 19 the coordinated, efficient, and orderly development of the
 16 20 local community.
 16 21    9.  Provide for a variety of housing choices and assure
 16 22 affordable housing for future population growth.
 16 23    10.  Protect and preserve natural resource land and natural
 16 24 resource areas.
 16 25    Sec. 24.  NEW SECTION.  367.13  GROWTH PLAN REQUIREMENTS.
 16 26    The growth plan shall include, at a minimum, documents
 16 27 describing and depicting city corporate limits, as well as
 16 28 urban growth areas, planned growth areas, if any, and rural
 16 29 areas, if any.  A growth plan may address land use,
 16 30 transportation, public infrastructure, housing, and economic
 16 31 development.
 16 32    Sec. 25.  NEW SECTION.  367.14  URBAN GROWTH AREAS.
 16 33    1.  The urban growth areas of a city shall:
 16 34    a.  Identify territory that is reasonably compact yet
 16 35 sufficiently large to accommodate residential and
 17  1 nonresidential growth projected to occur during the next
 17  2 twenty years.
 17  3    b.  Identify territory that is contiguous to the existing
 17  4 boundaries of the city.
 17  5    c.  Identify territory that a reasonable and prudent person
 17  6 would project as the likely site of high-density commercial,
 17  7 industrial, and residential growth over the next twenty years
 17  8 based on historical experience, economic trends, population
 17  9 growth patterns, topographical characteristics, and any
 17 10 professional planning, engineering, and economic studies that
 17 11 are available.
 17 12    d.  Identify territory in which the city is better able and
 17 13 prepared than other cities to efficiently and effectively
 17 14 provide urban services.
 17 15    e.  Reflect the city's duty to facilitate full development
 17 16 of resources within the current boundaries of the city and to
 17 17 manage and control urban expansion outside of such current
 17 18 boundaries, taking into account the impact to agricultural
 17 19 lands, forests, recreational areas, and wildlife management
 17 20 areas.
 17 21    2.  Before a city may propose urban growth areas to the
 17 22 land use committee for inclusion in the growth plan, the city
 17 23 shall do all of the following:
 17 24    a.  Report population growth projections for the city based
 17 25 upon state and federal census data.
 17 26    b.  Determine and report the current costs and the
 17 27 projected costs of core infrastructure, urban services, and
 17 28 public facilities necessary to facilitate full development of
 17 29 resources within the current boundaries of the city and to
 17 30 expand such infrastructure, services, and facilities
 17 31 throughout the territory under consideration for inclusion
 17 32 within the urban growth area.
 17 33    c.  Determine and report on the need for additional land
 17 34 suitable for high-density, industrial, commercial, and
 17 35 residential development after taking into account all areas
 18  1 within the city's current boundaries that can be used, reused,
 18  2 or redeveloped to meet such needs.
 18  3    d.  Examine and report on agricultural lands, forests,
 18  4 recreational areas, and wildlife management areas within the
 18  5 territory under consideration for inclusion within the urban
 18  6 growth areas and examine and report on the likely long-term
 18  7 effects of urban expansion on such agricultural lands,
 18  8 forests, recreational areas, and wildlife management areas.
 18  9    3.  Before a city may propose urban growth areas to the
 18 10 land use committee, the city shall conduct at least two public
 18 11 hearings on the proposed areas.  Notice of the time, place,
 18 12 and purpose of the public hearing shall be published in a
 18 13 newspaper of general circulation in the city not less than
 18 14 four nor more than twenty days before the hearing.
 18 15    4.  For any city in which ten percent or more of the city's
 18 16 geographical area is vacant or undeveloped land or land which
 18 17 contains an abandoned building, the corporate limits of the
 18 18 city at the time the growth plan is prepared shall constitute
 18 19 the boundaries of the city's urban growth areas.  For the
 18 20 purposes of this subsection, "vacant or undeveloped land"
 18 21 means land that has no structures or improvements on it and
 18 22 for which no building permit has been requested by any person
 18 23 for the last twelve months.  For the purposes of this
 18 24 subsection, abandoned building means that a building has
 18 25 remained vacant and has been in violation of the housing code
 18 26 of the city in which the property is located for a period of
 18 27 six consecutive months.
 18 28    5. An urban growth area shall not contain any agricultural
 18 29 land which has a corn suitability rating of sixty or higher,
 18 30 according to information released by Iowa state university to
 18 31 the department of revenue and finance for purposes of
 18 32 determining the productivity formula for assessment and
 18 33 taxation of agricultural land, unless there is a showing by
 18 34 the land use committee that the land is necessary for the
 18 35 orderly development of the city and the city has no other
 19  1 outlet for growth beyond its current corporate boundaries and
 19  2 that the city contains primarily high density residential,
 19  3 commercial, and industrial areas.
 19  4    Sec. 26.  NEW SECTION.  367.15  PLANNED GROWTH AREAS.
 19  5    1.  Each planned growth area of a county shall:
 19  6    a.  Identify territory that is reasonably compact yet
 19  7 sufficiently large to accommodate residential and
 19  8 nonresidential growth projected to occur during the next
 19  9 twenty years.
 19 10    b.  Identify territory that is not within the existing
 19 11 corporate boundaries of a city.
 19 12    c.  Identify territory that a reasonable and prudent person
 19 13 would project as the likely site of high or moderate density
 19 14 commercial, industrial, and residential growth over the next
 19 15 twenty years based on historical experience, economic trends,
 19 16 population growth patterns, topographical characteristics, and
 19 17 professional planning, engineering, and economic studies that
 19 18 may be available.
 19 19    d.  Identify territory that is not contained within urban
 19 20 growth areas.
 19 21    e.  Reflect the county's duty to manage natural resources
 19 22 and to manage and control urban growth, taking into account
 19 23 the impact to agricultural lands, forests, recreational areas,
 19 24 and wildlife management areas.
 19 25    2.  Before a county may propose planned growth areas to the
 19 26 land use committee for inclusion in the growth plan, the
 19 27 county shall do all of the following:
 19 28    a.  Report population growth projections for the county
 19 29 based upon state and federal census data.
 19 30    b.  Determine and report the current costs and the
 19 31 projected costs of providing city core infrastructure, city
 19 32 services, and public facilities throughout the territory under
 19 33 consideration for inclusion in the planned growth area as well
 19 34 as the feasibility of recouping such costs by imposition of
 19 35 fees or taxes within the planned growth area.
 20  1    c.  Determine and report on the need for additional land
 20  2 suitable for high-density industrial, commercial, and
 20  3 residential development, after taking into account all areas
 20  4 within the current boundaries of cities, that can be used,
 20  5 reused, or redeveloped to meet such needs.
 20  6    d.  Determine and report on the likelihood that the
 20  7 territory under consideration for inclusion within the planned
 20  8 growth area will eventually incorporate as a new city or be
 20  9 annexed.
 20 10    e.  Examine and report on agricultural lands, forests,
 20 11 recreational areas, and wildlife management areas within the
 20 12 territory under consideration for inclusion within the planned
 20 13 growth areas and examine and report on the likely long-term
 20 14 effects of urban expansion on such agricultural lands,
 20 15 forests, recreational areas, and wildlife management areas.
 20 16    3.  Before the county may propose planned growth areas to
 20 17 the land use committee, the county shall conduct at least two
 20 18 public hearings.  Notice of the time, place, and purpose of
 20 19 the public hearing shall be published in a newspaper of
 20 20 general circulation in the county not less than ten nor more
 20 21 than twenty days before the hearing.
 20 22    Sec. 27.  NEW SECTION.  367.16  RURAL AREAS.
 20 23    1.  Each rural area shall:
 20 24    a.  Identify territory that is not within an urban growth
 20 25 area.
 20 26    b.  Identify territory that is not within a planned growth
 20 27 area.
 20 28    c.  Identify territory that, over the next twenty years, is
 20 29 to be preserved as agricultural lands, forests, recreational
 20 30 areas, wildlife management areas, or for uses other than high-
 20 31 density commercial, industrial, or residential development.
 20 32    d.  Reflect the county's duty to manage growth and natural
 20 33 resources in a manner which reasonably minimizes detrimental
 20 34 impact to agricultural lands, forests, recreational areas, and
 20 35 wildlife management areas.
 21  1    2.  Before the county may propose rural areas to the land
 21  2 use committee for inclusion in the growth plan, the county
 21  3 shall conduct at least two public hearings.  Notice of the
 21  4 time, place, and purpose of the public hearing shall be
 21  5 published in a newspaper of general circulation in the county
 21  6 not less than ten nor more than twenty days before the
 21  7 hearing.
 21  8    Sec. 28.  Section 362.9, Code 1999, is amended to read as
 21  9 follows:
 21 10    362.9  APPLICATION OF CITY CODE.
 21 11    The provisions of this chapter and chapters 364, 366, 367,
 21 12 368, 372, 376, 380, 384, 388 and 392 are applicable to all
 21 13 cities.
 21 14    Sec. 29.  Section 368.7, subsection 3, Code 1999, is
 21 15 amended to read as follows:
 21 16    3.  An application for annexation of territory within an
 21 17 urbanized area of a city other than the city to which the
 21 18 annexation is directed must be approved both by resolution of
 21 19 the council which receives the application and by the board.
 21 20 The board shall not approve an application which creates an
 21 21 island.  The board shall not approve an application that
 21 22 proposes to annex territory that is not located in the urban
 21 23 growth area of the annexing city, as designated in the city's
 21 24 growth plan created pursuant to chapter 367.  Notice of the
 21 25 application shall be mailed by certified mail, by the city to
 21 26 which the annexation is directed, at least ten days prior to
 21 27 any action by the city council on the application to the
 21 28 council of each city whose boundary adjoins the territory or
 21 29 is within two miles of the territory, to the board of
 21 30 supervisors of each county which contains a portion of the
 21 31 territory, each affected public utility, and to the regional
 21 32 planning authority of the territory.  Notice of the
 21 33 application shall be published in an official county newspaper
 21 34 in each county which contains a portion of the territory at
 21 35 least ten days prior to any action by the city council on the
 22  1 application.  In the discretion of a city council, the
 22  2 resolution may include a provision for a transition for the
 22  3 imposition of taxes as provided in section 368.11, subsection
 22  4 13.  The annexation is completed when the board has filed and
 22  5 recorded copies of applicable portions of the proceedings as
 22  6 required by section 368.20, subsection 2.
 22  7    Sec. 30.  Section 368.7, subsection 4, Code 1999, is
 22  8 amended to read as follows:
 22  9    4.  a.  If one or more applications for a voluntary
 22 10 annexation and one or more petitions for an involuntary
 22 11 annexation or incorporation for a common territory are
 22 12 submitted to the board within thirty days of the date the
 22 13 first application or petition was submitted to the board, the
 22 14 board shall approve the application for voluntary annexation,
 22 15 if the application meets the applicable requirements of this
 22 16 chapter, unless the board determines by a preponderance of the
 22 17 evidence that the application was filed in bad faith, or that
 22 18 the application as filed is contrary to the best interests of
 22 19 the citizens of the urbanized area, or that the applicant
 22 20 cannot within a reasonable period of time meet its obligation
 22 21 to provide services to the territory to be annexed sufficient
 22 22 to meet the needs of the territory.  In consideration of the
 22 23 requests, the board may appoint a committee in the manner
 22 24 provided in section 368.14 to seek additional information from
 22 25 the applicant for voluntary annexation as necessary, including
 22 26 the information required of petitioners pursuant to section
 22 27 368.11.  The board, or the committee, if applicable, shall
 22 28 hold a public hearing on the application for voluntary
 22 29 annexation in the manner provided for involuntary petitions in
 22 30 section 368.15.  The decision of the board under this
 22 31 subsection shall be made within ninety days of receipt of the
 22 32 application by the board.  The failure of the board to approve
 22 33 an application under this paragraph shall be deemed final
 22 34 agency action subject to judicial review.
 22 35    b.  If an application for voluntary annexation is not
 23  1 approved pursuant to this section, the board shall cause the
 23  2 conversion of the application to a petition pursuant to
 23  3 section 368.13 and shall proceed under section 368.14A.  The
 23  4 conversion of an application to a petition shall not prejudice
 23  5 the status of the applicant.  Judicial review of a board
 23  6 decision under this subsection may be requested by an
 23  7 aggrieved party.
 23  8    c.  Notwithstanding paragraph "a", if an application
 23  9 proposes to annex territory that is not located within the
 23 10 boundaries of the annexing city's urban growth area, the
 23 11 application shall be dismissed.  The board shall file for
 23 12 record a statement of the dismissal and the reason for it, and
 23 13 shall promptly notify the parties to the proceeding of its
 23 14 decision.  In the alternative, and if the offending area
 23 15 comprises less than five percent of the total territory
 23 16 proposed to be annexed, the board may amend the application to
 23 17 sever such area from the territory to be annexed.
 23 18    Sec. 31.  Section 368.12, Code 1999, is amended to read as
 23 19 follows:
 23 20    368.12  DISMISSAL.
 23 21    The board may dismiss a petition only if it finds that the
 23 22 one of the following:
 23 23    1.  The petition does not meet the requirements of this
 23 24 chapter, or that substantially.
 23 25    2.  Substantially the same incorporation, discontinuance,
 23 26 or boundary adjustment has been disapproved by a committee
 23 27 formed to consider the proposal, or by the voters, within the
 23 28 two years prior to the date the petition is filed with the
 23 29 board, or that the.
 23 30    3.  The territory to be annexed, or a portion of that
 23 31 territory, has been voluntarily annexed under section 368.7.
 23 32    4.  The petition proposes to annex territory that is not
 23 33 located within the boundaries of the annexing city's urban
 23 34 growth area, as designated in the city's growth plan.  The
 23 35 board shall file for record a statement of each dismissal and
 24  1 the reason for it, and shall promptly notify the parties to
 24  2 the proceeding of its decision.
 24  3    If the petition proposes to annex territory that is not
 24  4 located within the boundaries of the annexing city's urban
 24  5 growth area, as designated in the city's growth plan, the
 24  6 board may, in the alternative, and if the offending area
 24  7 comprises less than five percent of the total territory
 24  8 proposed to be annexed, amend the petition to sever such area
 24  9 from the territory to be annexed.
 24 10    Sec. 32.  Section 368.19, unnumbered paragraph 1, Code
 24 11 1999, is amended to read as follows:
 24 12    The committee shall approve or disapprove the petition or
 24 13 plan as amended, within ninety days of the final hearing, and
 24 14 shall file its decision for record and promptly notify the
 24 15 parties to the proceeding of its decision.  If a petition or
 24 16 plan is approved, the board shall set a date not less than
 24 17 thirty days nor more than ninety days after approval for a
 24 18 special election on the proposal and the county commissioner
 24 19 of elections shall conduct the election.  In a case of
 24 20 incorporation or discontinuance, registered voters of the
 24 21 territory or city may vote, and the proposal is authorized if
 24 22 a majority of those voting approves it.  In a case of
 24 23 annexation or severance, registered voters of the territory
 24 24 and of the city may vote, and the proposal is authorized if a
 24 25 majority of the total number of persons residing in the
 24 26 territory and voting approves it and if a majority of the
 24 27 total number of persons residing in the city and voting
 24 28 approves it.  In case of severance, registered voters of that
 24 29 area of the city to be severed and of the remainder of the
 24 30 city may vote, and the proposal is authorized if a majority of
 24 31 the total number of persons residing in the area to be severed
 24 32 and voting approves it and if a majority of the total number
 24 33 of persons residing in the remainder of the city and voting
 24 34 approves it.  In a case of consolidation, registered voters of
 24 35 each city to be consolidated may vote, and the proposal is
 25  1 authorized only if it receives a favorable majority vote in
 25  2 each city.  The county commissioner of elections shall publish
 25  3 notice of the election as provided in section 49.53 and shall
 25  4 conduct the election in the same manner as other special city
 25  5 elections.
 25  6    Sec. 33.  Section 384.38, subsection 2, Code 1999, is
 25  7 amended to read as follows:
 25  8    2.  Upon petition as provided in section 384.41, subsection
 25  9 1, a city may assess to private property affected by public
 25 10 improvements within three miles of the city's boundaries the
 25 11 cost of construction and repair of public improvements within
 25 12 that area.  The right-of-way of a railway company shall not be
 25 13 assessed unless the company joins as a petitioner for said
 25 14 improvements.  In the petition the property owners shall waive
 25 15 the limitation provided in section 384.62 that an assessment
 25 16 may not exceed twenty-five percent of the value of the lot.
 25 17 The petition shall contain a statement that the owners agree
 25 18 to pay the city an amount equal to five percent of the cost of
 25 19 the improvements, to cover administrative expenses incurred by
 25 20 the city.  This amount may be added to the cost of the
 25 21 improvements.  Before the council may adopt the resolution of
 25 22 necessity, the preliminary resolution, preliminary plans and
 25 23 specifications, plat, schedule, and estimate of cost must be
 25 24 submitted to, and receive written approval from, the board of
 25 25 supervisors of any county which contains part of the property,
 25 26 and the city development board established in section 368.9
 25 27 366.1.
 25 28    Sec. 34.  Effective July 1, 2001, the following loan and
 25 29 grant programs shall be unavailable in those counties and
 25 30 cities that do not have growth plans approved by the city
 25 31 development board pursuant to section 367.7, and shall remain
 25 32 unavailable until growth plans have been approved:
 25 33    1.  Iowa housing development agency grant programs.
 25 34    2.  Community development block grants and programs funded
 25 35 with community development block grant funds.
 26  1    3.  Intermodal surface transportation efficiency act funds
 26  2 or any subsequent federal authorization for transportation
 26  3 funds.
 26  4    4.  Tourism development grants.
 26  5    5.  Community economic betterment account.
 26  6    6.  Economic development set-aside program.
 26  7    7.  Export trade assistance program.
 26  8    8.  Self-employment loan program.
 26  9    9.  Targeted small business financial assistance program.
 26 10    10.  Iowa small business loan program through the Iowa
 26 11 finance authority.
 26 12    11.  Iowa economic development loan program through the
 26 13 Iowa finance authority.
 26 14    Sec. 35.  MORATORIUM ON ANNEXATION BY A CITY.
 26 15 Notwithstanding chapter 368, division III, from the effective
 26 16 date of this Act until July 1, 2001, the city development
 26 17 board shall not accept a petition for a voluntary annexation
 26 18 or a petition for an involuntary annexation of territory to a
 26 19 city.  The board shall also discontinue any actions or
 26 20 proceedings relating to a hearing, approval, or election on a
 26 21 petition or plan for an involuntary annexation of territory
 26 22 pending before the board during the moratorium from the
 26 23 effective date of this Act until July 1, 2001.  On or after
 26 24 July 1, 2001, the board may proceed with the implementation of
 26 25 petitions and plans relating to involuntary annexations of
 26 26 territory pursuant to chapter 368, division III.
 26 27    Sec. 36.  MORATORIUM ON CERTAIN DEVELOPMENT ACTIONS BY
 26 28 COUNTIES.  Notwithstanding chapter 354, from the effective
 26 29 date of this Act until July 1, 2001, a county shall not issue
 26 30 any permits, authorizations, or approvals necessary for the
 26 31 subdivision and partitioning of, or construction on, any land
 26 32 located in the unincorporated areas of the county.  On or
 26 33 after July 1, 2001, a county may proceed with issuance of any
 26 34 permits, authorizations, or approvals necessary for the
 26 35 subdivision and partitioning of, or construction on, any land
 27  1 located in the unincorporated areas of the county.
 27  2    Sec. 37.  Sections 368.9 and 368.10, Code 1999, are
 27  3 repealed.
 27  4    Sec. 38.  This Act, being deemed of immediate importance,
 27  5 takes effect upon enactment.  
 27  6                           EXPLANATION 
 27  7    This bill makes several changes relating to city
 27  8 development, annexation, city and county land use planning,
 27  9 and state land use planning.  The bill enacts a new chapter
 27 10 366 which establishes the city development board, a state land
 27 11 use strategic development council, and the land use planning
 27 12 commission for development management and farmland and natural
 27 13 area protection.
 27 14    The bill provides that the state land use strategic
 27 15 development council is the state's principal agency overseeing
 27 16 planning of major state sponsored projects.  The council is a
 27 17 consultative body that reviews policies regarding major
 27 18 development initiatives undertaken by state agencies.  The
 27 19 council must establish, maintain, and revise a state strategic
 27 20 development plan that provides for development by member state
 27 21 agencies.  The council has members representing major agencies
 27 22 involved or interested in development, including the state
 27 23 department of transportation, the department of natural
 27 24 resources, the department of agriculture and land stewardship,
 27 25 and the department of general services.
 27 26    The land use planning commission for development management
 27 27 and farmland and natural area protection is comprised of the
 27 28 same membership as was represented on the legislative
 27 29 commission.  The commission is charged to monitor the
 27 30 administration of the chapter and the extent to which the
 27 31 purposes of the chapter are being satisfied.  The commission
 27 32 sunsets on July 1, 2003.
 27 33    The bill requires each county and each city within a county
 27 34 to establish a land use committee to develop a proposed growth
 27 35 plan for the county and each city in the county.  The land use
 28  1 committee is composed of local government representatives, a
 28  2 representative from the largest school district in the county,
 28  3 a representative from the county's soil conservation district,
 28  4 and representatives of the general public.  The land use
 28  5 committee in each county must develop a recommended growth
 28  6 plan designating urban growth areas, planned growth areas, and
 28  7 rural areas in the county.
 28  8    The recommended growth plan must be ratified by the county
 28  9 and each city in the county, with the exception of those
 28 10 cities whose boundaries are also the boundaries of other
 28 11 cities or of other cities and another state.  If the county
 28 12 and cities cannot agree on ratification of the recommended
 28 13 growth plan, it is sent to the city development board for
 28 14 resolution of the dispute.  Any changes made by the board may
 28 15 be ratified by the county and cities in the county.  However,
 28 16 if not ratified, the amendments made by the city development
 28 17 board are still effective.  After a growth plan is ratified,
 28 18 it is submitted to the city development board for its
 28 19 approval.  The growth plan approved by the city development
 28 20 board takes effect upon recording with the county recorder.
 28 21 An approved and recorded growth plan remains in effect for
 28 22 five years before it may be reviewed for changes, absent a
 28 23 showing of extraordinary circumstances necessitating a change
 28 24 in the plan.  The bill requires that cities and counties, if
 28 25 applicable, shall conform their comprehensive plans to the
 28 26 growth plan.
 28 27    The bill allows for judicial review of a growth plan
 28 28 approved by the city development board.  Appeal must be filed
 28 29 within 60 days after the growth plan is recorded with the
 28 30 county recorder and the appeal may be taken by the affected
 28 31 county, an affected city, a resident of the county, or an
 28 32 owner of real property located in the county.  The filing of
 28 33 an appeal does not stay effectiveness of a growth plan unless
 28 34 it is shown that a party or the general public is likely to
 28 35 suffer significant injury if a stay is not granted.
 29  1    The bill amends the law on annexation by requiring
 29  2 dismissal of a voluntary annexation application or an
 29  3 involuntary annexation petition if the application or petition
 29  4 identifies territory to be annexed that is not within the
 29  5 urban growth area of the annexing city.  However, if the
 29  6 territory that is not located within the urban growth area of
 29  7 the annexing city comprises less than 5 percent of the
 29  8 territory to be annexed, the city development board may amend
 29  9 the application or petition to sever the offending territory.
 29 10    The bill also provides that an annexation or severance of
 29 11 territory to or from a city shall be approved by a majority of
 29 12 the city voters voting on the issue and by a majority of the
 29 13 voters voting and residing in the territory to be affected by
 29 14 the annexation or severance.  The city voters and the voters
 29 15 of the affected territory must separately approve the
 29 16 proposal.  Under current law, the proposal is authorized if a
 29 17 majority of the combined votes of the city voters and the
 29 18 affected territory voters approve the proposal.
 29 19    The bill provides that, effective July 1, 2001, certain
 29 20 specified loan and grant programs shall be unavailable in
 29 21 those counties and cities that do not have growth plans
 29 22 approved by the city development board and shall remain
 29 23 unavailable until growth plans have been approved.
 29 24    The bill places a moratorium on annexation by a city from
 29 25 the effective date of the bill until July 1, 2001.  The
 29 26 moratorium also applies to annexation agreements between
 29 27 cities.  The bill also imposes a moratorium on counties
 29 28 prohibiting them from issuing any permits, authorizations, or
 29 29 approvals necessary for the subdivision and partitioning of,
 29 30 or construction on, any land located in the unincorporated
 29 31 areas of the county.  The moratorium on counties is also in
 29 32 effect from the effective date of the bill to July 1, 2001.
 29 33    The bill takes effect upon enactment.  
 29 34 LSB 1057HH 78
 29 35 sc/gg/8.1
     

Text: HF00339                           Text: HF00341
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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