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PAG LIN 1 1 DIVISION A 1 2 SUBCHAPTER I 1 3 GENERAL 1 4 Section 1. NEW SECTION. 6C.1 TITLE. 1 5 This chapter shall be known and may be cited as "Land 1 6 Development Management Act". 1 7 Sec. 2. NEW SECTION. 6C.2 POLICY OF THIS STATE – 1 8 PURPOSE OF THIS CHAPTER. 1 9 1. The policy of the state is to ensure the sound and 1 10 orderly development and use of land including agricultural, 1 11 commercial, industrial, residential, recreational, and 1 12 historic uses. 1 13 2. The purposes of this chapter include all of the 1 14 following: 1 15 a. Preserving the use of prime agricultural land for 1 16 agricultural production, and preserving natural, cultural, and 1 17 historical areas. 1 18 b. Providing for the orderly development of cities 1 19 including by providing for incorporation, discontinuation, 1 20 annexation, severance, and consolidation. 1 21 3. This chapter is intended to do all of the following: 1 22 a. Strike a balance between the need to carry out the 1 23 legitimate public purposes described in this section and the 1 24 need to preserve private property rights. 1 25 b. Encourage economic development in this state by 1 26 providing for development in areas where development has been 1 27 planned by local governments acting in concert pursuant to 1 28 this chapter and under state oversight. 1 29 c. Control urban sprawl, and thereby provide for the 1 30 protection and preservation of the private and public interest 1 31 in the land, water, and related resources of this state for 1 32 the public health, safety, and general welfare, and for the 1 33 benefit of present and future generations. 1 34 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS. 1 35 1. "Adjoining" means having a common boundary for not less 2 1 than fifty feet. Territory may be adjoining although 2 2 separated by a roadway or waterway. 2 3 2. "Annexation" means the addition of territory to a city. 2 4 3. "Area" means an area of land. 2 5 4. "Basic improvement" means the development of land for 2 6 any of the following: 2 7 a. A utility, including telephone or other communication 2 8 lines, city utility as defined in section 362.2, public 2 9 utility as defined in section 476.1, or pipeline providing 2 10 gas, water, wastewater, or sewer service. 2 11 b. A thoroughfare, such as a road or street as defined in 2 12 section 306.3. 2 13 5. "Boundary adjustment" means annexation, severance, or 2 14 consolidation. 2 15 6. "Bounded territory" means territory proposed to be 2 16 incorporated, annexed, or severed, whether or not contiguous 2 17 to all other areas proposed to be incorporated, annexed, or 2 18 severed. "Bounded territory" having a common boundary with 2 19 the right-of-way of a secondary road extends to the centerline 2 20 of the road. 2 21 7. "Building" means any fixed structure affording 2 22 facilities or shelter for persons, animals, or property. 2 23 8. "City development" means an incorporation, 2 24 discontinuance, or boundary adjustment. 2 25 9. "Consolidation" means the combining of two or more 2 26 cities into one city. 2 27 10. "Department" means the department of economic 2 28 development. 2 29 11. "Development" means the construction or structural 2 30 alteration, conversion, or enlargement of a structure or use 2 31 of land, including the construction of basic improvements, 2 32 public improvements, buildings, structures, or impermeable 2 33 structures. 2 34 12. "Discontinuance" means termination of a city. 2 35 13. "Extra-urban development" means development of land 3 1 for a use, which creates urban densities and uses within a 3 2 territory which is not designated for that type of use 3 3 according to a strategic development plan required to be 3 4 adopted by a local government as provided in this chapter. 3 5 However, "extra-urban development" does not include 3 6 development which is part of any of the following: 3 7 a. A farm operation, including any related structure which 3 8 is constructed or installed, or any use or practice which is 3 9 implemented involving a farm operation, including a residence 3 10 constructed for occupation by a person engaged in a farm 3 11 operation. 3 12 b. The construction, installation, improvement, or 3 13 maintenance of basic improvements. 3 14 c. The preservation of natural and historic or cultural 3 15 areas, the development of recreational areas, or the 3 16 protection of natural and historic resources and fragile 3 17 ecosystems of this state including forests, wetlands, rivers, 3 18 streams, lakes and their shorelines, aquifers, prairies, and 3 19 recreational areas. 3 20 d. Development occurring on land which has been platted 3 21 prior to the effective date of this Act. 3 22 14. "Farm operation" means a condition or activity which 3 23 occurs on a farm in connection with the production of farm 3 24 products and includes but is not limited to the raising, 3 25 harvesting, drying, or storage of crops; the harvesting of 3 26 trees; care or feeding of livestock; the handling or 3 27 transportation of crops or livestock; the treatment or 3 28 disposal of wastes resulting from livestock; the marketing of 3 29 products at roadside stands or farm markets; the operation of 3 30 farm machinery and irrigation pumps; ground and aerial seeding 3 31 and spraying; the application of chemical fertilizers, 3 32 conditioners, insecticides, pesticides, and herbicides; and 3 33 the employment and use of farm labor. 3 34 15. "Farmland" means land that is used to carry on a farm 3 35 operation or is classified as land that may be used to carry 4 1 on a farm operation. 4 2 16. "Fund" means the land use planning fund for 4 3 development management and farmland and natural area 4 4 protection as created in section 6C.21. 4 5 17. "Incorporation" means establishment of a new city. 4 6 18. "Independent strategic development plan" or 4 7 "independent plan" means a strategic development plan 4 8 governing a city's incorporated land or a county's 4 9 unincorporated land which is subject to approval by a local 4 10 government pursuant to section 6C.53. 4 11 19. "Island" means territory that is completely surrounded 4 12 by the corporate boundaries of one or more cities or the 4 13 boundary of the state, a river, or similar natural barrier 4 14 which prevents access to public benefits and services 4 15 originating outside the boundaries of a city. 4 16 20. "Inventory" means a permanent land use and natural 4 17 resources inventory system as provided in section 6C.32. 4 18 21. "Joint strategic development plan" or "joint plan" 4 19 means a strategic development plan governing unincorporated 4 20 territory, including an urbanized area and which is subject to 4 21 approval by multiple local governments as provided in section 4 22 6C.55. 4 23 22. "Land use commission" or "commission" means land use 4 24 planning commission for development management and farmland 4 25 and natural area protection as created pursuant to section 4 26 6C.16. 4 27 23. "Land use council" or "council" means the land use 4 28 strategic development council as created pursuant to section 4 29 6C.12. 4 30 24. "Land use planning board" or "board" means the land 4 31 use planning board for development management and farmland and 4 32 natural area protection as created pursuant to section 6C.14. 4 33 25. "Local government" means a county or city government. 4 34 26. "Local legislation" means any ordinance, resolution, 4 35 amendment, regulation, or rule adopted by a local government, 5 1 which has the force and effect of law. 5 2 27. "Major public project" means the construction or 5 3 expansion of an improvement, including a structure or basic 5 4 improvements which involves the development of more than fifty 5 5 acres of land. However, all of the following shall be 5 6 considered a major public project: 5 7 a. The construction or expansion of a street or highway. 5 8 b. The construction of a dam or reservoir. 5 9 c. The construction of a correctional institution as 5 10 provided in chapter 904. 5 11 d. The excavation of more than six thousand tons of soil. 5 12 28. "Member agency" means a state agency which is 5 13 represented on the council as provided in section 6C.12. 5 14 29. "Parcel" means a specific tract of land including an 5 15 area located within a territory. 5 16 30. "Planned territory" means territory which is governed 5 17 or proposed to be governed by a strategic development plan. 5 18 31. "Public agency" means a state agency, local 5 19 government, or other political subdivision, including but not 5 20 limited to a principal department as provided in section 7E.5, 5 21 a school corporation organized under chapter 273 or 274, a 5 22 community college as provided in chapter 260C, a regional 5 23 library as provided in chapter 256, or a township as provided 5 24 in chapter 359. 5 25 32. "Public benefits and services" means benefits and 5 26 services provided by a local government to persons residing 5 27 within its local government, regardless of whether the 5 28 benefits and services are provided directly or by another 5 29 person under contract with the local government, including 5 30 providing for the health and safety, education, or 5 31 transportation of the public. A public benefit and service 5 32 includes but is not limited to fire protection and 5 33 suppression, law enforcement, the collection and disposal of 5 34 refuse, the delivery of public water and sewer facilities, and 5 35 ambulance or emergency care. 6 1 33. "Public building" means any building used for human 6 2 occupation constructed by a public agency other than a state 6 3 agency to either provide public benefits and services or to 6 4 accommodate the general public or public agency employees, 6 5 including but not limited to offices, laboratories, workshops, 6 6 classrooms, auditoriums, libraries, museums, courtrooms, 6 7 hearing and meeting rooms, schools, garages, cellhouses, or 6 8 other secure sleeping facilities. 6 9 34. "Public improvement" means basic improvements and 6 10 facilities including but not limited to parks and recreational 6 11 areas and public buildings which are constructed by or for the 6 12 use of a public agency other than state agencies. 6 13 35. "Public utility" means a public utility subject to 6 14 regulation pursuant to chapter 476. 6 15 36. "Regional development authority" means a council of 6 16 governments established pursuant to chapter 28H or a joint 6 17 planning commission established pursuant to chapter 28I. 6 18 37. "Registered voter" means a person who is registered to 6 19 vote pursuant to chapter 48A. 6 20 38. "Severance" means the deletion of territory from a 6 21 city. 6 22 39. "State agency" means the same as "agency" defined in 6 23 section 17A.2. 6 24 40. "State strategic development plan" or "state plan" 6 25 means a plan for development of major public projects which is 6 26 approved by member state agencies as provided in section 6 27 6C.42. 6 28 41. "Strategic development plan" means an independent 6 29 strategic development plan or a joint strategic development 6 30 plan as provided in subchapter III which is adopted by a local 6 31 government as a means to organize the manner and location of 6 32 future development within a territory under the jurisdiction 6 33 of the local government. 6 34 42. "Territory" means any land area which is under the 6 35 jurisdiction of a local government as provided in this chapter 7 1 and which is subject to a strategic development plan or city 7 2 development. 7 3 43. "Urban sprawl" means the development of land that 7 4 occurs on the fringes of cities, if the development is for a 7 5 use which is not contiguous to existing or approved 7 6 development, creates urban densities and uses within future 7 7 urbanizing and agriculturally productive land, natural or 7 8 historic areas, and is designed without regard to its 7 9 surroundings. 7 10 44. "Urbanized area" means unincorporated territory 7 11 adjacent to the limits of a city, regardless of whether the 7 12 territory is governed by a county zoning ordinance as provided 7 13 in chapter 335. The unincorporated area shall include any 7 14 area over which the city exercises jurisdiction under section 7 15 414.23. For cities other than cities located more than thirty 7 16 miles from the state's borders, the territory shall be within 7 17 two miles of the limits of a city. For cities located thirty 7 18 miles or less from the state's borders, the territory shall be 7 19 within three miles of the limits of the city. The distance 7 20 from a city to a state's borders is measured from the center 7 21 of the city. 7 22 Sec. 4. NEW SECTION. 6C.4 COOPERATION REQUIRED. 7 23 This chapter relies upon cooperation between public 7 24 agencies, including cooperation between local governments, and 7 25 cooperation between state agencies and other state agencies 7 26 and local governments in order to provide for strategic 7 27 development planning. All state and local governments shall 7 28 cooperate in achieving the purposes and carrying out the 7 29 provisions of this chapter. 7 30 Sec. 5. NEW SECTION. 6C.5 STATE FINANCIAL ASSISTANCE – 7 31 CONFORMANCE WITH PLANS REQUIRED. 7 32 1. Each public agency awarding financial assistance to 7 33 persons for use in developing land shall consider whether the 7 34 development is consistent with the purposes of this chapter as 7 35 provided in section 6C.2, the requirements of this chapter, 8 1 and any relevant strategic development plan. Financial 8 2 assistance includes but is not limited to moneys awarded from 8 3 the community economic betterment account established pursuant 8 4 to section 15.320 or the revitalize Iowa's sound economy fund 8 5 established pursuant to section 315.2, or from tax increment 8 6 financing created pursuant to section 403.19 or tax exemptions 8 7 within revitalization areas as provided in chapter 404. 8 8 2. A public agency shall give priority to projects that 8 9 conform with the state strategic development plan and the 8 10 strategic development plan governing land where the 8 11 development is proposed to occur. 8 12 a. Except as otherwise provided in paragraph "b", if a 8 13 public agency awards financial assistance for development 8 14 based on a point system, no criteria shall be worth more than 8 15 criteria requiring that projects conform with the plans 8 16 enumerated in this subsection. 8 17 b. A public agency is not required to rank conformance 8 18 with plans enumerated in this subsection as the highest 8 19 criteria if the development project receives assistance under 8 20 the quality jobs enterprise zone program created pursuant to 8 21 section 15A.9; the new jobs and income program created 8 22 pursuant to chapter 15, part 13; or the Iowa agricultural 8 23 industry finance Act as provided in chapter 15E, division XIX. 8 24 SUBCHAPTER II 8 25 PART 1 8 26 STATE ADMINISTRATION 8 27 Sec. 6. NEW SECTION. 6C.11 CREATION OF STATE 8 28 ADMINISTRATIVE ENTITIES – PROCEDURES. 8 29 1. The following entities are created under this 8 30 subchapter for purposes of administering this chapter: 8 31 a. The state land use strategic development council. 8 32 b. The land use planning board for development management 8 33 and farmland and natural area protection. 8 34 c. The land use planning commission for development 8 35 management and farmland and natural area protection. 9 1 2. The department of economic development shall provide 9 2 office space and staff assistance, and shall budget funds to 9 3 cover expenses of the entities. The office of attorney 9 4 general shall provide legal counsel to the entities. 9 5 3. Except as provided in this subchapter, each entity 9 6 shall meet on a regular basis and at the call of the 9 7 chairperson or upon the written request to the chairperson of 9 8 two or more members. 9 9 4. A majority of voting members appointed to an entity 9 10 constitute a quorum and the affirmative vote of a majority of 9 11 the members present is necessary for any substantive action to 9 12 be taken by the entity, except that a lesser number may 9 13 adjourn a meeting. The majority shall not include any member 9 14 who has a conflict of interest and a statement by a member 9 15 that the member has a conflict of interest is conclusive for 9 16 this purpose. A vacancy in the membership does not impair the 9 17 right of a quorum to exercise all rights and perform all 9 18 duties of the entity. 9 19 5. A vacancy shall be filled in the same manner as an 9 20 original appointment. A person appointed to fill a vacancy 9 21 shall serve only for the unexpired portion of the term. 9 22 Except as provided in this subchapter, a member is eligible 9 23 for reappointment. 9 24 6. Members of an entity, other than a state officer or 9 25 employee, are entitled to receive a per diem as specified in 9 26 section 7E.6 for each day spent in performance of duties as 9 27 members, and shall be reimbursed for all actual and necessary 9 28 expenses incurred in the performance of duties as members. 9 29 Sec. 7. NEW SECTION. 6C.12 STATE LAND USE STRATEGIC 9 30 DEVELOPMENT COUNCIL. 9 31 1. The state land use strategic development council is 9 32 created as the state's principal agency overseeing planning by 9 33 major state agencies involved in large-scale development 9 34 projects. The purpose of the council is to ensure that 9 35 development by state agencies is coordinated, including 10 1 through the adoption of a state strategic development plan as 10 2 provided in section 6C.42. 10 3 2. The council shall be composed of all of the following 10 4 persons: 10 5 a. The governor or the governor's designee who shall serve 10 6 as the chairperson of the council. 10 7 b. The director of the department of economic development 10 8 or a designee. 10 9 c. The director of the department of natural resources or 10 10 a designee. 10 11 d. The director of the department of transportation or a 10 12 designee. 10 13 e. The director of the department of corrections or a 10 14 designee. 10 15 f. The director of the department of general services or a 10 16 designee. 10 17 g. The secretary of agriculture or a designee. 10 18 h. The state historic preservation officer appointed by 10 19 the director of the department of cultural affairs. 10 20 i. A designee appointed by the state board of regents as 10 21 provided for in chapter 262. The member shall be appointed 10 22 from the university of Iowa, Iowa state university of science 10 23 and technology, and the university of northern Iowa on a 10 24 rotating basis. Each appointee shall serve one term prior to 10 25 replacement. A member appointed under this proposal shall be 10 26 an expert in issues relating to land use planning. 10 27 j. Four members of the general assembly, who shall serve 10 28 as nonvoting, ex officio members. The members shall include 10 29 two members of the senate appointed by the president of the 10 30 senate, after consultation with the majority leader and the 10 31 minority leader of the senate, and two members of the house of 10 32 representatives appointed by the speaker of the house, after 10 33 consultation with the majority leader and the minority leader 10 34 of the house. The legislative members shall be appointed upon 10 35 the convening and for the period of each general assembly. 11 1 Not more than one member from each house shall be of the same 11 2 political party. 11 3 Sec. 8. NEW SECTION. 6C.13 COUNCIL – POWERS AND DUTIES. 11 4 1. The purpose of the council is to ensure that 11 5 development by state agencies is coordinated, including 11 6 through the adoption of a state strategic development plan as 11 7 provided in section 6C.42. 11 8 2. The board shall adopt rules pursuant to chapter 17A 11 9 which are necessary to administer its duties under this 11 10 chapter. 11 11 Sec. 9. NEW SECTION. 6C.14 LAND USE PLANNING BOARD FOR 11 12 DEVELOPMENT MANAGEMENT AND FARMLAND AND NATURAL AREA 11 13 PROTECTION. 11 14 1. The land use planning board for development management 11 15 and farmland and natural area protection is created as the 11 16 state's principal agency overseeing planning by local 11 17 governments. 11 18 2. The governor shall appoint seven members to the board, 11 19 including all of the following: 11 20 a. One member appointed from a city with a population of 11 21 more than forty-five thousand. 11 22 b. One member appointed from a city with a population of 11 23 more than twenty thousand but not more than forty-five 11 24 thousand. 11 25 c. One member appointed from a city with a population of 11 26 twenty thousand or less. 11 27 d. One member appointed from a county with a population of 11 28 more than fifty thousand. 11 29 e. One member appointed from a county with a population of 11 30 more than twenty-five thousand but not more than fifty 11 31 thousand. 11 32 f. One member appointed from a county with a population of 11 33 twenty-five thousand or less. 11 34 g. One member appointed to represent the general public. 11 35 3. An appointment to the board created under this 12 1 subchapter shall be based upon the training, experience, and 12 2 capacity of the appointee, and not upon political 12 3 considerations, other than as provided in section 69.16. 12 4 4. The members shall be subject to confirmation by the 12 5 senate as provided in section 2.32. The appointments must be 12 6 for six-year staggered terms beginning and ending as provided 12 7 in section 69.19, or for an unexpired term if a vacancy 12 8 occurs. No member shall serve more than two complete six-year 12 9 terms. 12 10 5. A member may be removed from office by the governor for 12 11 misfeasance, malfeasance, willful neglect of duty, or other 12 12 just cause, after notice and hearing, unless the notice and 12 13 hearing is expressly waived in writing. 12 14 6. The board shall elect a chairperson each year. 12 15 Sec. 10. NEW SECTION. 6C.15 POWERS AND DUTIES OF THE 12 16 BOARD. 12 17 1. The board shall approve or disapprove strategic 12 18 development plans and annexation petitions, including plans of 12 19 annexation, as provided in this chapter. 12 20 2. The board shall administer the land use planning fund 12 21 for development management and farmland and natural area 12 22 protection as created in section 6C.21. The board shall pay 12 23 claims by eligible local governments for reimbursement of 12 24 expenses relating to preparing strategic development plans as 12 25 provided in section 6C.22. 12 26 3. The board shall adopt rules pursuant to chapter 17A 12 27 which are necessary to administer its duties under this 12 28 chapter. The rules shall include establishing filing fees for 12 29 petitions and applications submitted to the board. The board 12 30 may establish a schedule of fees required to file these 12 31 documents with the board, based on criteria established by the 12 32 board, which may include the size of the local government 12 33 filing the document. 12 34 4. The board may adopt forms to be completed and submitted 12 35 by local governments as required for the efficient 13 1 administration of this chapter. The board shall adopt a 13 2 simple form for strategic development plans to be completed by 13 3 small cities. 13 4 Sec. 11. NEW SECTION. 6C.16 LAND USE PLANNING COMMISSION 13 5 FOR DEVELOPMENT MANAGEMENT AND FARMLAND AND NATURAL AREA 13 6 PROTECTION. 13 7 1. The land use planning commission for development 13 8 management and farmland and natural area protection is created 13 9 as the state's advisory and oversight body responsible for 13 10 monitoring the administration of this chapter, and considering 13 11 policies and approaches required to accomplish the purposes of 13 12 this chapter as provided in section 6C.2. 13 13 2. The commission shall be composed of twenty-one voting 13 14 members with diverse expertise in planning development, 13 15 design, zoning, annexation, agriculture, historic 13 16 preservation, and conservation, including all of the 13 17 following: 13 18 a. Four members of the general assembly, as follows: 13 19 (1) Not more than one member from each chamber shall be 13 20 from the same political party. The two senators shall be 13 21 appointed by the majority leader of the senate after 13 22 consultation with the president of the senate and the minority 13 23 leader of the senate. The two representatives shall be 13 24 appointed by the speaker of the house of representatives after 13 25 consultation with the majority and minority leaders of the 13 26 house of representatives. 13 27 (2) Of the members from each chamber, one member shall 13 28 represent a district which is primarily urban, while the other 13 29 member shall represent a district which is primarily rural. 13 30 b. One member appointed by the governor. 13 31 c. The executive director of the Iowa farm bureau 13 32 federation or a designee of the executive director. 13 33 d. The executive director of the Iowa farmers' union or a 13 34 designee of the executive director. 13 35 e. The executive director of the Iowa league of cities or 14 1 a designee of the executive director. 14 2 f. The executive director of the Iowa state association of 14 3 counties or a designee of the executive director. 14 4 g. The chairperson of the department of community and 14 5 regional planning in the college of design at Iowa state 14 6 university of science and technology. 14 7 h. The president of the Iowa chapter of the American 14 8 planning association or a designee of the president. 14 9 i. The executive director of the associated builders and 14 10 contractors of Iowa, inc. or a designee of the executive 14 11 director. 14 12 j. The executive director of the Iowa association of soil 14 13 and water conservation district commissioners or a designee of 14 14 the executive director. 14 15 k. The executive director of the Iowa historic 14 16 preservation alliance or a designee of the executive director. 14 17 l. The president of the Iowa chapter of the American 14 18 society of landscape architects or a designee of the 14 19 president. 14 20 m. The executive director of the Iowa chapter of the 14 21 American institute of architects or a designee of the 14 22 executive director. 14 23 n. The executive director of the Iowa natural heritage 14 24 foundation or a designee of the executive director. 14 25 o. The executive director of the Iowa public transit 14 26 association or a designee of the executive director. 14 27 p. The executive director of the Iowa sportsmen's 14 28 federation or a designee of the executive director. 14 29 q. The president of the Iowa Audubon council or a designee 14 30 of the president. 14 31 r. One member appointed jointly by the Iowa cattlemen's 14 32 association, the Iowa pork producers association, the Iowa 14 33 sheep producers association, the Iowa turkey federation, the 14 34 Iowa poultry association, the Iowa state dairy association, 14 35 the Iowa corn growers association, and the Iowa soybean 15 1 association. 15 2 3. An appointee or a designee appointed under this section 15 3 serves at the pleasure of the appointing authority. 15 4 4. The commission shall be chaired by two members of the 15 5 general assembly, one appointed by the majority leader of the 15 6 senate and one appointed by the speaker of the house of 15 7 representatives. The commission shall meet on call of the co- 15 8 chairpersons each year during the first week of October. The 15 9 commission may meet at other times on call of the co- 15 10 chairpersons, if the co-chairpersons determine that 15 11 extraordinary circumstances require a meeting. 15 12 Sec. 12. NEW SECTION. 6C.17 COMMISSION POWERS AND 15 13 DUTIES. 15 14 1. The commission shall oversee the administration of this 15 15 chapter, monitor the effectiveness of public agencies in 15 16 achieving the purposes of this chapter as provided in section 15 17 6C.2, and study methods to better achieve those purposes. The 15 18 council and the board shall report to the commission as 15 19 required by the commission. 15 20 2. The commission shall study issues of special concern 15 21 affecting land use planning, urban growth management, and the 15 22 protection of farmland and natural areas. 15 23 3. The commission shall submit a report to the governor 15 24 and the general assembly by January 10 of each year. The 15 25 report shall include findings and recommendations, including 15 26 any proposed legislation, which shall be submitted as a 15 27 departmental bill. 15 28 The commission's final report to the general assembly shall 15 29 include findings regarding the financial condition of the fund 15 30 and any recommendations to change or eliminate the amount of 15 31 moneys deposited into the fund derived from fees collected 15 32 pursuant to section 331.507, as provided in this Act. 15 33 Sec. 13. NEW SECTION. 6C.18 REPEAL OF COMMISSION – 15 34 DIRECTIONS TO CODE EDITOR. 15 35 Sections 6C.16 and 6C.17 and this section are repealed on 16 1 January 1, 2004. The Iowa Code editor shall eliminate those 16 2 sections from the 2004 Code of Iowa and correct internal 16 3 references as necessary. 16 4 PART 2 16 5 Sec. 14. NEW SECTION. 6C.21 LAND USE PLANNING FUND FOR 16 6 DEVELOPMENT MANAGEMENT AND FARMLAND AND NATURAL AREA 16 7 PROTECTION. 16 8 1. A land use planning fund for development management and 16 9 farmland and natural area protection is created within the 16 10 state treasury under the control of the department. 16 11 2. The fund shall consist of all of the following: 16 12 a. Moneys appropriated by the general assembly. 16 13 b. Moneys available to and obtained or accepted by the 16 14 department from the federal government or private sources for 16 15 placement in the fund. 16 16 c. Fees paid to the department of revenue and finance 16 17 which have been collected by county auditors for deposit into 16 18 the fund pursuant to section 331.507. 16 19 3. Moneys in the fund shall be used exclusively for the 16 20 following purposes: 16 21 a. First, to pay for the costs of administration of this 16 22 chapter by the board. However, not more than one percent of 16 23 the balance of the fund on July 1 of each state fiscal year 16 24 shall be used for administration. 16 25 b. Second, to reimburse counties for preparing strategic 16 26 development plans as provided in section 6C.22. 16 27 c. Finally, to the extent that moneys are remaining under 16 28 this subsection, the moneys may be used to reimburse Iowa 16 29 state university of science and technology and counties for 16 30 costs associated with preparing permanent land use and natural 16 31 resource inventories, as provided in section 6C.22. 16 32 4. The treasurer of state shall act as custodian of the 16 33 fund. The treasurer of state is authorized to invest the 16 34 moneys deposited in the fund. The income from such investment 16 35 shall be credited to and deposited in the fund. 17 1 Notwithstanding section 8.33, moneys in the fund are not 17 2 subject to reversion to the general fund of the state. The 17 3 fund shall be administered by the board which shall make 17 4 expenditures from the fund consistent with the purposes set 17 5 out in section 6C.22. The moneys in the fund shall be 17 6 disbursed upon warrants drawn by the director of revenue and 17 7 finance pursuant to the order of the board. The fiscal year 17 8 of the fund begins July 1. The finances of the fund shall be 17 9 calculated on an accrual basis in accordance with generally 17 10 accepted accounting principles. The auditor of state shall 17 11 regularly perform audits of the fund. 17 12 Sec. 15. NEW SECTION. 6C.22 REIMBURSEMENT OF LOCAL 17 13 GOVERNMENTS FOR PREPARATION OF PLANS. 17 14 1. a. The board shall approve a claim against the fund to 17 15 reimburse local governments for costs associated with 17 16 preparing strategic development plans. 17 17 b. The board may approve a claim against the fund to 17 18 reimburse Iowa state university of science and technology or 17 19 counties for costs associated with preparing land use and 17 20 natural resource inventories. 17 21 2. a. Except as provided in paragraph "b", a claim is 17 22 eligible to be paid if all of the following apply: 17 23 (1) The claim is made in a manner and according to 17 24 procedures required in this section and established by the 17 25 board. 17 26 (2) The claim is complete and accurate, and contains no 17 27 significant false or misleading statements. 17 28 (3) There are sufficient moneys in the fund in order to 17 29 satisfy the claim. 17 30 (4) The person filing the claim for preparing a strategic 17 31 development plan is a local government. The person filing the 17 32 claim for preparing a land use and natural resource inventory 17 33 is Iowa state university of science and technology or a 17 34 county. 17 35 (5) The amount of the claim is for reasonable costs 18 1 associated with preparing the strategic development plan or 18 2 land use and natural resource inventory. 18 3 (6) If the claim is for costs related to preparing a joint 18 4 strategic development plan, the claim is submitted by all 18 5 local governments which are parties to the joint plan. 18 6 b. The board is not required to approve a claim for 18 7 reimbursement of costs incurred in preparing part of a joint 18 8 strategic development plan as provided in section 6C.57, until 18 9 the entire plan is approved. 18 10 c. The board shall pay a claim by a local government for 18 11 reimbursement of costs incurred in preparing a joint strategic 18 12 development plan before a local government authorized to 18 13 submit a plan at a later date as provided in section 6C.57. 18 14 The board may pay a claim by a city that submits a plan 18 15 earlier than required for another city, to the extent that 18 16 moneys are available to satisfy the claim of the other city. 18 17 3. The claim must include supporting evidence that the 18 18 claim is for reasonable costs related to preparation of the 18 19 strategic development plan or land use and natural resource 18 20 inventory, which may include invoices, as required by the 18 21 board. 18 22 4. The amount of the claim for preparing a strategic 18 23 development plan shall be based on the local government's 18 24 ability to pay according to a schedule of rates reimbursing a 18 25 percentage of the total costs expended by the local government 18 26 in preparing the strategic development plan. However, a local 18 27 government shall not be required to incur more than one 18 28 hundred thousand dollars in unreimbursed expenses for 18 29 preparing a strategic development plan. 18 30 5. If at any time the board determines that there are 18 31 insufficient moneys in the fund to make payment of all claims 18 32 for preparing strategic development plans, the department 18 33 shall pay claims according to the date that the claims are 18 34 received by the department. To the extent that a claim cannot 18 35 be fully satisfied, the department shall order that the unpaid 19 1 portion of the payment be deferred until the claim can be 19 2 satisfied. 19 3 SUBCHAPTER III 19 4 LAND USE INVENTORIES 19 5 Sec. 16. NEW SECTION. 6C.31 IOWA STATE UNIVERSITY OF 19 6 SCIENCE AND TECHNOLOGY – REPOSITORY – STUDY AND REPORT. 19 7 To the extent that moneys are appropriated and data is 19 8 available, Iowa state university of science and technology 19 9 shall do all of the following: 19 10 1. Serve as the repository of permanent land use and 19 11 natural resources inventories completed pursuant to section 19 12 6C.32. The university shall provide for computer access of 19 13 these inventories by the department for use by entities 19 14 described in subchapter II. 19 15 2. Study the extent to which land in Iowa is being 19 16 converted from agricultural use to residential, commercial, 19 17 industrial, or public uses, including farmland, recreational 19 18 areas, natural areas, and public facilities and basic 19 19 improvements. 19 20 a. At least every two years, the university shall prepare 19 21 a report that includes all of the following: 19 22 (1) A description of counties that have a farmland 19 23 protection program or strategies in place, including the use 19 24 of zoning, or a farmland preservation ordinance adopted 19 25 pursuant to chapter 335 or programs such as conservation 19 26 easements. 19 27 (2) A description of land use changes in each county, 19 28 which may include an analysis of data collected by the 19 29 department of revenue and finance. The report to every extent 19 30 practical shall identify changes in the use or classification 19 31 of use for parcels of land, including from an agricultural 19 32 class to a nonagricultural class. 19 33 (3) An assessment of the productive quality of soil of 19 34 farmland converted to another use. The assessment of the soil 19 35 may be by using crop yields, corn suitability ratings, or 20 1 classifications by the United States department of 20 2 agriculture. 20 3 (4) An evaluation of urban growth patterns throughout the 20 4 state, including areas of urban sprawl and extra-urban 20 5 development. 20 6 b. The report shall be delivered to the governor, the 20 7 general assembly, and the department of economic development 20 8 not later than September 1 of each year. 20 9 3. Iowa state university of science and technology shall 20 10 provide technical advice to the board in adopting rules 20 11 necessary to implement a permanent land use and natural 20 12 resources inventory system as required pursuant to section 20 13 6C.32. The university shall provide technical assistance to 20 14 counties in completing the system according to a schedule 20 15 established by the university in cooperation with the board. 20 16 Sec. 17. NEW SECTION. 6C.32 PERMANENT LAND USE AND 20 17 NATURAL RESOURCES INVENTORY SYSTEM. 20 18 1. Counties shall establish a permanent land use and 20 19 natural resources inventory system. The system shall assess 20 20 and categorize land uses, the productive quality of farmland 20 21 soil, and the changes in use or classifications for use of the 20 22 land. 20 23 a. A county board of supervisors may establish a county 20 24 land preservation and use commission in order to carry out 20 25 this section, as provided by the county board of supervisors. 20 26 b. The data shall be systematically collected by the 20 27 county, subject to all of the following: 20 28 (1) Whenever possible, the data shall be enhanced by 20 29 aerial imagery. 20 30 (2) The data shall be converted to or entered in a digital 20 31 format capable of access by computer systems. 20 32 (3) The data shall be structured in a uniform manner that 20 33 allows comparisons between counties. 20 34 (4) To every extent practical, the system shall include 20 35 any data collected for county land use inventories pursuant to 21 1 1982 Iowa Acts, chapter 1245. 21 2 c. The system shall provide for the regular update of 21 3 data, but not less than every five years. 21 4 2. The system shall be instituted by a county according to 21 5 rules adopted by the board. The rules shall provide for 21 6 implementation according to a schedule adopted by the board in 21 7 cooperation with Iowa state university of science and 21 8 technology. All counties shall have a system implemented by 21 9 June 30, 2003. However, a county shall not be required to 21 10 implement a system until the state appropriates moneys to the 21 11 county for implementation. 21 12 SUBCHAPTER IV 21 13 STRATEGIC DEVELOPMENT PLANNING 21 14 PART 1 21 15 STATE AGENCY PLANNING 21 16 Sec. 18. NEW SECTION. 6C.41 CONSULTATION DURING MAJOR 21 17 DEVELOPMENT PROJECTS. 21 18 1. The state land use strategic development council shall 21 19 meet regularly and its members shall consult when a state 21 20 agency is engaged in a major development project. The state 21 21 agency must consult with the council during regularly 21 22 scheduled meetings conducted throughout the planning stages of 21 23 a major public project. 21 24 2. A state agency shall not begin construction of a major 21 25 public project prior to consulting with the council. 21 26 3. In reviewing a major public project, the council shall 21 27 to every extent practical ensure that the missions, policies, 21 28 and goals of affected member agencies are not negatively 21 29 impacted. The major public project shall be consistent with 21 30 the state strategic development plan as required by section 21 31 6C.42. 21 32 Sec. 19. NEW SECTION. 6C.42 STATE STRATEGIC DEVELOPMENT 21 33 PLAN. 21 34 1. The council shall establish, maintain, and revise a 21 35 state strategic development plan. 22 1 2. The state plan shall include development standards and 22 2 practices that ensure that development conducted by state 22 3 agencies carries out the purposes of this chapter as provided 22 4 in section 6C.2, the requirements of this chapter, and 22 5 relevant strategic development plans. The state plan shall 22 6 require that development comply with requirements that to 22 7 every degree practical preserve the most productive farmland; 22 8 protect soil from wind and water erosion; protect and enhance 22 9 natural and recreational areas and wildlife; encourage higher 22 10 density and efficient urban development patterns; foster 22 11 alternative transportation systems; encourage mixed use 22 12 development; and preserve, protect, and maintain significant 22 13 historic or cultural resources. 22 14 3. Each state agency shall adopt policies governing 22 15 development, including planning and construction of projects, 22 16 which implement development standards and practices as 22 17 required in the state strategic development plan. 22 18 4. A state agency shall not begin construction of a major 22 19 public project unless the state agency consults with member 22 20 agencies during a council meeting. The state agency proposing 22 21 construction shall submit a plan of development to the council 22 22 for consideration. The plan shall summarize the major public 22 23 project and explain how the major public project complies with 22 24 the requirements of the state strategic development plan and 22 25 the strategic development plan governing the area where the 22 26 major public project is proposed to be developed. The state 22 27 agency shall regularly inform the council of the progress of 22 28 the major public project during the course of its 22 29 construction. 22 30 5. Any concern about or objection to the planning or 22 31 construction of a major public project expressed by a member 22 32 agency or the council shall be noted in the minutes of the 22 33 council. Nothing in this section authorizes the council to 22 34 disapprove a plan for development or alter construction of the 22 35 major public project. 23 1 6. The council shall approve an initial state strategic 23 2 development plan by July 1, 2001. 23 3 Sec. 20. NEW SECTION. 6C.43 OVERSIGHT. 23 4 1. The council shall report to the commission during its 23 5 October meeting as provided in section 6C.16. The report 23 6 shall include a summary of any major public projects 23 7 considered by the council, including any comments or 23 8 objections noted by the council or member agencies. 23 9 2. The council shall annually report to the commission as 23 10 required by the commission. The council shall regularly 23 11 report to the committee of the general assembly which is 23 12 primarily responsible for legislative oversight of state 23 13 agencies, as required, by the committee. The council shall do 23 14 all of the following: 23 15 a. Present information to the committee as requested by 23 16 the committee. 23 17 b. Notify the committee of the planning stages of a major 23 18 public project initiated by a member agency, including any 23 19 comments or objections of the council or a member agency. 23 20 c. Submit a copy of its state strategic development plan 23 21 and any amendments to or revisions of the plan with the 23 22 committee. 23 23 PART 2 23 24 LOCAL GOVERNMENT PLANNING 23 25 Sec. 21. NEW SECTION. 6C.51 DESCRIPTION. 23 26 1. A strategic development plan shall integrate the 23 27 planning functions of the local government, including the 23 28 planning of basic improvements and the provision of public 23 29 benefits and services. 23 30 2. A strategic development plan is either an independent 23 31 strategic development plan or a joint strategic development 23 32 plan as provided in this subchapter. The plan may be part of 23 33 a single plan or part of a combined plan. 23 34 3. A strategic development plan may be part of a 23 35 comprehensive plan adopted pursuant to section 335.5 or 24 1 section 414.3, if a comprehensive plan complies with 24 2 requirements for a strategic development plan required under 24 3 this part. A local government shall not be required to adopt 24 4 an ordinance in conformance with this plan. However, a local 24 5 government shall comply with a comprehensive plan adopted 24 6 pursuant to section 335.5 or section 414.3 to the extent 24 7 required in those sections. 24 8 Sec. 22. NEW SECTION. 6C.52 PURPOSE. 24 9 A strategic development plan shall carry out the purposes 24 10 of this chapter as provided in section 6C.2 and the 24 11 requirements of this chapter, including by doing all of the 24 12 following: 24 13 1. Identifying and protecting nonreplaceable farmland, 24 14 natural areas, environmentally sensitive land, historical or 24 15 cultural areas, and critical areas of local or statewide 24 16 concern. 24 17 2. Preventing the occurrence of urban sprawl, including 24 18 the economic, environmental, and social costs that accompany 24 19 it, and by encouraging infill and redevelopment of existing 24 20 urban sites. 24 21 3. Allowing local governments to plan for development in a 24 22 comprehensive, orderly, and cooperative manner. 24 23 4. Ensuring that adequate basic improvements and public 24 24 benefits and services are provided concurrently with 24 25 development. 24 26 Sec. 23. NEW SECTION. 6C.53 INDEPENDENT STRATEGIC 24 27 DEVELOPMENT PLANS – PARTICIPATION BY LOCAL GOVERNMENTS. 24 28 Each local government shall adopt an independent strategic 24 29 development plan that governs all land located within the 24 30 jurisdiction of the local government, if the jurisdiction is 24 31 not shared with any other local government. Two or more 24 32 adjoining counties or adjoining cities may be parties to a 24 33 common independent plan. 24 34 Sec. 24. NEW SECTION. 6C.54 INDEPENDENT STRATEGIC 24 35 DEVELOPMENT PLANS – CONTENTS. 25 1 An independent strategic development plan shall include all 25 2 elements required to be included by the board in order to 25 3 accomplish the purposes of this chapter as provided in section 25 4 6C.2, the purposes of this subchapter as provided in section 25 5 6C.52, and the administration of this chapter's provisions, 25 6 which shall at least include all of the following: 25 7 1. An identification of all areas served by adequate basic 25 8 improvements and receiving an adequate level of public 25 9 benefits and services. The plan shall address any areas where 25 10 basic improvements and public benefits and services should be 25 11 expanded in order to encourage development according to the 25 12 independent plan. 25 13 2. An identification of parcels where development is 25 14 occurring, including development that is inconsistent with the 25 15 purposes of this chapter as provided in section 6C.2 and the 25 16 purposes of this subchapter as provided in section 6C.52. 25 17 3. An identification of each area planned for development, 25 18 including the type of development for which the area is best 25 19 suited. 25 20 4. A description of public improvements planned to be 25 21 developed in the area, including plans to construct adequate 25 22 basic improvements or deliver an adequate level of public 25 23 benefits and services, including to undeveloped areas, 25 24 affected areas subject to land recycling as provided under 25 25 chapter 455H, and vacant sites. 25 26 Sec. 25. NEW SECTION. 6C.55 JOINT STRATEGIC DEVELOPMENT 25 27 PLANS – PARTICIPATION BY LOCAL GOVERNMENTS. 25 28 1. Except as provided in this subsection, a local 25 29 government shall adopt a joint strategic development plan. 25 30 The joint plan shall govern unincorporated contiguous 25 31 territory of a county where a city is located, if the county 25 32 and city are parties to the joint plan. The joint plan shall 25 33 at least govern the city's urbanized area located within the 25 34 county. 25 35 a. A city shall be excused from adopting a joint plan as 26 1 provided in this section, if the city council adopts a 26 2 resolution declaring that it elects not to adopt a joint 26 3 strategic development plan. The city shall submit the 26 4 resolution to the board in lieu of the joint plan as required 26 5 in this section. The city shall not exercise jurisdiction 26 6 within its urbanized area including as provided in section 26 7 414.23. 26 8 b. A county is not qualified to be a party to a joint plan 26 9 if the county does not adopt countywide zoning as provided in 26 10 chapter 335. The city may adopt a zoning ordinance pursuant 26 11 to chapter 414 to govern the city's urbanized area in an 26 12 unqualified county. 26 13 2. To the extent that unincorporated territory is located 26 14 within two or more qualified counties or adjoins two or more 26 15 cities, each of the qualified counties and cities shall adopt 26 16 the joint strategic development plan. 26 17 3. A city and a qualified county may execute a joint 26 18 strategic development plan that includes any unincorporated 26 19 territory that is within the jurisdiction of the county if all 26 20 of the following apply: 26 21 a. The territory is contiguous. 26 22 b. The territory is not within the urbanized area of 26 23 another city, unless the city is a party to the joint plan. 26 24 4. Two or more adjoining qualified counties may be parties 26 25 to a joint strategic development plan, if any city that shares 26 26 jurisdiction over an urbanized area in common with the 26 27 counties is also a party. 26 28 Sec. 26. NEW SECTION. 6C.56 JOINT STRATEGIC DEVELOPMENT 26 29 PLANS – CONTENTS. 26 30 1. A joint strategic development plan shall include all 26 31 elements required to be included by the board in order to 26 32 accomplish the purposes of this chapter as provided in section 26 33 6C.2, the purposes of this subchapter as provided in section 26 34 6C.52, and the administration of this chapter's provisions. 26 35 2. The joint strategic development plan shall at least 27 1 include all of the following: 27 2 a. An identification of each parcel planned for 27 3 development, including the type of development for which the 27 4 parcel is best suited. The joint plan shall include all of 27 5 the following: 27 6 (1) An identification of parcels planned for immediate 27 7 development around each city, an adjacent area planned for 27 8 future development, and parcels not planned for development. 27 9 In identifying the parcels, the joint plan must describe the 27 10 level and type of development appropriate within the 27 11 boundaries of each parcel in order to accommodate urban 27 12 expansion in a manner that carries out the purposes of this 27 13 chapter. 27 14 (2) An identification of farmland, natural areas, 27 15 historical or cultural areas, and environmentally sensitive 27 16 land that should not be developed or developed with heightened 27 17 scrutiny. 27 18 (3) An evaluation of the agricultural productivity of the 27 19 territory's farmland, including its corn suitability rating. 27 20 (4) A map of the area's territory, including a description 27 21 of topography. 27 22 (5) A description of population densities. 27 23 b. A description of public improvements and public 27 24 benefits and services available in and planned for the 27 25 territory, including all of the following: 27 26 (1) An identification of all land within the territory 27 27 that is served by adequate basic improvements and receives an 27 28 adequate level of public benefits and services. The plan 27 29 shall address any areas where basic improvements or public 27 30 benefits and services should be expanded in order to encourage 27 31 development according to the joint plan. 27 32 (2) Public benefits and services provided to or planned 27 33 for the territory by any existing special service districts. 27 34 (3) Arrangements for the maintenance, improvement, and 27 35 traffic control of any roads shared by the parties. 28 1 c. The location of all public improvements to be located 28 2 in the area subject to the joint plan. 28 3 d. An identification of parcels where development is 28 4 occurring, including extra-urban development and development 28 5 that is inconsistent with the purposes of this chapter as 28 6 provided in section 6C.2 and the purposes of this subchapter 28 7 as provided in section 6C.52. 28 8 Sec. 27. NEW SECTION. 6C.57 STRATEGIC DEVELOPMENT PLANS 28 9 – PREPARATIONS, SUBMISSION, APPROVAL, AND FILING. 28 10 1. Planning commissions, councils of governments, or 28 11 similar organizations or associations representing the 28 12 interests of local governments may assist local governments in 28 13 preparing individual strategic development plans. However, a 28 14 joint strategic development plan must be prepared by one of 28 15 the following: 28 16 a. The council of governments for the area. 28 17 b. A coordinating committee established by resolution 28 18 adopted by all participating local governments. The 28 19 coordinating committee shall be composed of members as 28 20 established by the joint resolution. 28 21 2. A local government shall submit strategic development 28 22 plans to the board for approval and filing under this section, 28 23 in a manner and according to procedures required by the board. 28 24 A local government shall submit an updated strategic 28 25 development plan for approval by the board each seven years. 28 26 A local government shall submit its initial strategic 28 27 development plan to the board as follows: 28 28 a. Except as otherwise provided in paragraph "b", the 28 29 following shall apply: 28 30 (1) The plans shall be submitted by June 30, 2002, for 28 31 both of the following: 28 32 (a) Counties having a population of one hundred fifty 28 33 thousand or more. 28 34 (b) Cities having a population of seventy-five thousand or 28 35 more. 29 1 (2) The plans shall be submitted by June 30, 2003, for 29 2 both of the following: 29 3 (a) Counties having a population of fifty thousand or more 29 4 but less one hundred fifty thousand. 29 5 (b) Cities having a population of twenty-five thousand or 29 6 more but less than seventy-five thousand. 29 7 (3) The plans shall be submitted by June 30, 2004, for 29 8 both of the following: 29 9 (a) Counties having a population of fifteen thousand or 29 10 more, but less than fifty thousand. 29 11 (b) Cities having a population of five thousand or more 29 12 but less than twenty-five thousand. 29 13 (4) The plans shall be submitted by June 30, 2005, for 29 14 both of the following: 29 15 (a) Counties having a population of less than fifteen 29 16 thousand. 29 17 (b) Cities having a population of less than five thousand. 29 18 b. If a city is required to file an independent strategic 29 19 development plan governing land within a county, the county 29 20 shall submit an independent strategic development plan and any 29 21 required joint strategic development plan by the date required 29 22 for the city to file its plans. 29 23 3. The board may conduct a public hearing regarding a 29 24 strategic development plan submitted for approval. 29 25 4. A city may object to an independent strategic 29 26 development plan submitted by a county, based on the failure 29 27 of the plan to carry out the purposes of this chapter pursuant 29 28 to section 6C.2, the purpose of a strategic development plan 29 29 as required pursuant to section 6C.52, or the requirements of 29 30 this subchapter. The board shall consider the objection and 29 31 may deny approval of the independent strategic development 29 32 plan based on the objection. 29 33 5. a. If a joint strategic development plan has not been 29 34 adopted as required in this section, either local government 29 35 may file an application with the board to resolve the dispute. 30 1 The board shall do any of the following: 30 2 (1) Order the parties to negotiate the terms of a joint 30 3 plan. 30 4 (2) Conduct a hearing as a contested case proceeding under 30 5 chapter 17A and may order the parties to adopt terms and 30 6 conditions of a joint plan, as required by the board. 30 7 b. A local government may file the application after one 30 8 year from the date that a joint strategic development plan is 30 9 required to be submitted to the board as provided in section 30 10 6C.57. However, if local governments submit part of a joint 30 11 plan as provided in this section, a local government may file 30 12 the application after six months from the date that the part 30 13 of the joint plan was submitted. 30 14 c. Each affected local government is a party to the 30 15 hearing. 30 16 d. The board's decision shall be regarded as a final 30 17 agency action of the department as provided under chapter 17A. 30 18 6. The board shall not approve a strategic development 30 19 plan unless all of the following occur: 30 20 a. Each participating local government approves the plan 30 21 by resolution. All parties to a plan must adopt the plan by 30 22 resolution. 30 23 b. The board shall approve the plan only if it determines 30 24 that the plan meets the purposes of this chapter as provided 30 25 in section 6C.2, the purposes of this subchapter as provided 30 26 in section 6C.52, and the requirements of the plan as provided 30 27 in this subchapter. 30 28 7. a. The board may approve and file parts of a joint 30 29 strategic development plan adopted by all local governments 30 30 who have jurisdiction over the common territory governed by 30 31 the plan. 30 32 b. The board may approve and file parts of an independent 30 33 strategic development plan adopted by the local government 30 34 that has jurisdiction over territory governed by the plan. 30 35 However, the board shall not approve a partial plan unless one 31 1 of the following applies: 31 2 (1) The partial plan governs twenty-five percent or more 31 3 of the territory within the local government's jurisdiction. 31 4 (2) The partial plan governs all remaining territory that 31 5 is not governed by a plan approved and filed with the board 31 6 under this section. 31 7 Sec. 28. NEW SECTION. 6C.58 RESTRICTIONS ON PLANNING AND 31 8 DEVELOPMENT. 31 9 1. A person charged by a local government to carry out 31 10 development functions, including a board, commission, council, 31 11 or committee or local government employee or appointed 31 12 official, shall not engage in planning unless the planning is 31 13 consistent with the local government's strategic development 31 14 plan or the governing body of the local government adopts a 31 15 resolution authorizing the person to carry out the planning. 31 16 2. A public agency shall not develop land in a manner that 31 17 is inconsistent with a strategic development plan. A public 31 18 agency other than a state agency shall not construct a public 31 19 building within territory subject to a joint strategic 31 20 development plan, unless the public building is constructed in 31 21 a manner and location provided for in the joint plan. If any 31 22 territory is ungoverned by a joint plan approved by the board, 31 23 the public agency shall not construct a public building within 31 24 the territory until that part of the joint plan governing the 31 25 territory is approved by the board. 31 26 3. A local government shall not approve development that 31 27 is inconsistent with a strategic development plan, including 31 28 the issuance of permits or the platting of land as provided in 31 29 chapter 354. 31 30 4. If a city is excused from submitting a joint strategic 31 31 development plan pursuant to section 6C.55, any unincorporated 31 32 area adjoining the city shall be governed by a strategic 31 33 development plan submitted by other local governments as if 31 34 the city does not exist. 31 35 Sec. 29. NEW SECTION. 6C.59 LOCAL LEGISLATION. 32 1 A local government may adopt local legislation regulating 32 2 development within its territory in order to carry out the 32 3 purposes of this chapter that is consistent with the local 32 4 government's strategic development plan. A local government 32 5 shall cooperate with any other local government, which is a 32 6 party to a joint strategic development plan in adopting local 32 7 legislation regulating development within a common territory 32 8 subject to the joint plan. The local legislation may provide 32 9 for all of the following: 32 10 1. Defraying development costs incurred by the local 32 11 government to the extent determined appropriate by the local 32 12 government. The local legislation may provide for financing 32 13 the construction of basic improvements and the delivery of 32 14 public benefits and services to its territory, including the 32 15 imposition of any impact fees to defray the costs of providing 32 16 off-site or adjacent basic improvements or public benefits and 32 17 services. 32 18 2. Providing for the establishment of urban growth 32 19 boundaries; urban service areas; phased development areas; 32 20 conservation easements; the acquisition of development rights, 32 21 including the purchase of development rights or the transfer 32 22 of development rights; and development standards. 32 23 Sec. 30. NEW SECTION. 6C.60 REGIONAL DEVELOPMENT 32 24 AUTHORITIES. 32 25 A regional development authority shall not provide 32 26 development assistance, including planning, investigations, or 32 27 studies, that is inconsistent with a strategic development 32 28 plan for the area served by the regional development 32 29 authority. 32 30 SUBCHAPTER V 32 31 CITY DEVELOPMENT 32 32 PART 1 32 33 GENERAL 32 34 Sec. 31. NEW SECTION. 6C.71 PURPOSE. 32 35 The purpose of this subchapter is to establish a process 33 1 for the approval of a petition for city development which 33 2 furthers the purposes of this chapter as provided in section 33 3 6C.2, is consistent with a strategic development plan 33 4 governing the territory as provided in subchapter IV, and 33 5 which considers the desire of the residents of the territory 33 6 subject to a boundary change and the interests of the 33 7 residents of all territories affected by a city development. 33 8 Sec. 32. NEW SECTION. 6C.72 BOARD INITIATIVE. 33 9 1. The board may initiate proceedings for city 33 10 development, based on the results of studies. 33 11 2. The board may request a city to submit a plan for city 33 12 development or may formulate its own plan for city 33 13 development. 33 14 3. A plan for city development submitted at the board's 33 15 initiation must include the same information as an involuntary 33 16 petition provided in section 6C.81. The plan for city 33 17 development shall be filed and acted upon in the same manner 33 18 as a petition. 33 19 4. A plan for city development may include any information 33 20 determined to be relevant by the board, including but not 33 21 limited to results of studies, surveys, and arguments. 33 22 Sec. 33. NEW SECTION. 6C.73 AGREEMENTS VOID. 33 23 1. A local government shall not execute an agreement with 33 24 another local government under chapter 28E that provides for 33 25 annexation, including but not limited to furnishing public 33 26 benefits or services, extending basic improvements, or 33 27 constructing public facilities. Any such agreement that is in 33 28 effect on the effective date of this Act is void. 33 29 2. Any agreement executed by cities pursuant to section 33 30 368.4, as that section existed prior to the effective date of 33 31 this Act, is void. 33 32 PART 2 33 33 PETITIONS 33 34 Sec. 34. NEW SECTION. 6C.81 INVOLUNTARY CITY DEVELOPMENT 33 35 PETITIONS. 34 1 1. The board may accept a petition for city development 34 2 submitted by a city council, a county board of supervisors, a 34 3 regional planning authority, or five percent of the qualified 34 4 electors of a city or territory subject to the petition. 34 5 2. a. A petitioner shall provide notice by certified mail 34 6 to all of the following: 34 7 (1) The city council of each city subject to the city 34 8 development. 34 9 (2) The board of supervisors for each county, which 34 10 contains a portion of a city subject to the city development. 34 11 (3) The city council of a city if an incorporation 34 12 includes territory within the city's urbanized area. 34 13 (4) Any regional planning authority for the area. 34 14 b. The notice shall provide information regarding the 34 15 petition as required by the board and shall include a copy of 34 16 the petition. 34 17 3. Within ninety days of receipt of a petition, the board 34 18 shall initiate appropriate proceedings or dismiss the petition 34 19 as provided in this paragraph. The board may combine 34 20 petitions which concern the same territory or city or which 34 21 provide for city development affecting common territory. 34 22 4. a. A petition must provide how the city development 34 23 will further the city's joint strategic development plan. The 34 24 petition shall include all of the following: 34 25 (1) A general statement of the city development. 34 26 (2) A map of the territory, city, or cities involved. 34 27 (3) The location of public improvements planned to be 34 28 constructed in the proposed bounded territory. 34 29 (4) An assessed valuation of platted and unplatted land in 34 30 the bounded territory. 34 31 (5) The names of owners of property located in the bounded 34 32 territory. 34 33 (6) The population density of the bounded territory. 34 34 (7) A description of the bounded territory's topography. 34 35 (8) Plans for the disposal of assets and assumption of 35 1 liabilities. 35 2 (9) A description of existing public benefits and services 35 3 available in the bounded territory. 35 4 (10) Plans for agreements with any existing special 35 5 service districts. 35 6 (11) In a case of annexation or incorporation, the 35 7 petition must state that none of the territory is within a 35 8 city. 35 9 (12) In a case of incorporation or consolidation, the 35 10 petition must state the name of the proposed city. 35 11 (13) Any formal agreement between affected cities and 35 12 counties for the maintenance, improvement, and traffic control 35 13 of any shared roads involved in an incorporation or boundary 35 14 adjustment. 35 15 (14) In the discretion of a city council, a provision for 35 16 a transition for the imposition of city taxes against property 35 17 within an annexation area. 35 18 (a) The provision shall not allow a greater exemption from 35 19 taxation than the tax exemption formula schedule provided 35 20 under section 427B.3, subsections 1 through 5, and shall be 35 21 applied in the levy and collection of taxes. 35 22 (b) The provision may also allow for the partial provision 35 23 of city services during the time in which the exemption from 35 24 taxation is in effect. 35 25 Sec. 35. NEW SECTION. 6C.82 SPECIAL REQUIREMENTS FOR 35 26 ANNEXATIONS – PUBLIC HEARINGS. 35 27 1. Before a petition for involuntary annexation is 35 28 submitted to the board, the petitioner must hold a public 35 29 hearing on the petition. The petitioner shall provide notice 35 30 of the hearing which shall include the time and place of the 35 31 public hearing. 35 32 a. At least ten days before a petition for annexation is 35 33 submitted to the board, the petitioner must deliver a notice 35 34 by certified mail to all of the following: 35 35 (1) Any party to a joint strategic development plan 36 1 governing the bounded territory. 36 2 (2) The city council of each city whose urbanized area 36 3 contains a portion of the bounded territory. 36 4 (3) The board of supervisors of each county which contains 36 5 a portion of the bounded territory. 36 6 (4) The regional planning authority for the bounded 36 7 territory. 36 8 (5) Each affected public utility. 36 9 (6) Each owner of property located in the bounded 36 10 territory. The petition shall identify all property owners 36 11 listed in the petition. 36 12 (7) Each owner of adjacent property located within the 36 13 bounded territory. 36 14 b. At least five days before the date of the public 36 15 hearing, the petitioner shall publish the notice of the 36 16 hearing in an official county newspaper in each county which 36 17 contains a part of the territory. 36 18 2. The mayor of the city proposing to annex the bounded 36 19 territory, or that person's designee, shall serve as 36 20 chairperson of the public hearing. The city clerk of the city 36 21 or the city clerk's designee shall record the proceedings of 36 22 the public hearing. Any person attending the public hearing 36 23 may provide oral or written comments regarding the petition. 36 24 The minutes of the public hearing and all documents submitted 36 25 at the public meeting shall be forwarded to the board by the 36 26 chairperson of the hearing in a manner and according to 36 27 procedures required by the board. 36 28 Sec. 36. NEW SECTION. 6C.83 VOLUNTARY ANNEXATIONS – 36 29 PETITIONS TO CITY COUNCIL. 36 30 1. A petition for voluntary annexation of territory by a 36 31 city must be approved by resolution of the council which 36 32 receives the petition. The city council shall approve or deny 36 33 the petition following a public hearing as provided in this 36 34 section. If approved by the council, the petition must be 36 35 delivered to the board for approval. 37 1 2. All of the owners of land in a territory adjoining a 37 2 city must petition the council of the adjoining city 37 3 requesting the voluntary annexation. Territory comprising 37 4 railway right-of-way or territory comprising not more than 37 5 twenty percent of the land area may be included in the 37 6 petition without the consent of an owner to avoid creating an 37 7 island or to create more uniform boundaries. 37 8 3. The petition must contain any information required by 37 9 the board, including a legal description and a map of the 37 10 territory showing its location in relationship to the city. 37 11 4. The city shall provide notice of the petition as 37 12 follows: 37 13 a. At least ten days prior to any action by the city 37 14 council regarding the petition, the city shall provide notice 37 15 as follows: 37 16 (1) The city shall mail a notice of the petition by 37 17 certified mail to all of the following: 37 18 (a) Any party to a joint strategic development plan 37 19 governing the bounded territory. 37 20 (b) The board of supervisors of each county which contains 37 21 a portion of the territory proposed to be annexed. 37 22 (c) Each affected public utility. 37 23 (d) The regional planning authority of the territory. 37 24 (e) Each owner of property located within the bounded 37 25 territory who is not a party to the petition. 37 26 (f) Each owner of property which adjoins the bounded 37 27 territory. 37 28 (2) The city shall publish notice of the petition and 37 29 hearing in an official county newspaper in each county which 37 30 contains a portion of the territory. 37 31 b. The notice shall include the time and place of the 37 32 public hearing and a legal description of the territory 37 33 petitioned to be annexed. 37 34 5. a. A petition for voluntary annexation of territory 37 35 without the consent of all the property owners in the 38 1 territory must be approved by four-fifths of the council 38 2 members. 38 3 b. A resolution approving an annexation may provide for 38 4 the transition for the imposition of taxes. 38 5 Sec. 37. NEW SECTION. 6C.84 SPECIAL NOTICE REQUIRED FOR 38 6 ANNEXATIONS INVOLVING LAND OWNED BY GOVERNMENTS. 38 7 1. If territory owned by the state is to be annexed under 38 8 this subchapter, the attorney general must be provided with a 38 9 copy of the petition, and notified of each hearing or meeting 38 10 provided under this part. 38 11 2. If territory within the road right-of-way owned by a 38 12 county is annexed as provided in this subchapter, the county 38 13 attorney must be provided with a copy of the petition, and 38 14 notified of each hearing or meeting provided in this part. 38 15 Sec. 38. NEW SECTION. 6C.85 SPECIAL SEVERANCE 38 16 PROCEEDINGS. 38 17 The board, a city, or the owners of land in bounded 38 18 territory may provide for the severance of the bounded 38 19 territory as provided in this section. 38 20 1. a. The board may order a severance upon its own 38 21 initiative or upon petition by a city as provided in section 38 22 6C.95. 38 23 b. Any territory may be severed upon the unanimous consent 38 24 of all owners of the territory, approval by resolution of the 38 25 city council of the city in which the territory is located, 38 26 and approval by the board. 38 27 2. The board shall approve a severance if the severance 38 28 satisfies the purposes of this chapter as provided in section 38 29 6C.2, the purposes of this subchapter as provided in section 38 30 6C.71, and any joint strategic development plan governing the 38 31 territory proposed to be severed. The board shall conduct a 38 32 special proceeding under this section to consider issuing an 38 33 order or approving a petition for a severance in a manner and 38 34 according to procedures adopted by the board. The board may 38 35 establish an expedited process for considering a severance. 39 1 However, the board shall not issue an order or approve a 39 2 petition for a severance, if the board would not have approved 39 3 a severance under section 6C.90. 39 4 3. If the bounded territory is severed, the city council 39 5 shall provide by resolution for the equitable distribution of 39 6 assets and equitable distribution and assumption of 39 7 liabilities of the territory as between the city and the 39 8 severed territory. 39 9 Sec. 39. NEW SECTION. 6C.86 APPROVAL OF CITY DEVELOPMENT 39 10 PETITIONS REQUIRED. 39 11 City development shall not occur unless a petition is 39 12 submitted and approved by the board as provided in this 39 13 subchapter. The petition may be for incorporation, 39 14 discontinuance, or boundary adjustment. 39 15 Sec. 40. NEW SECTION. 6C.87 SUBMISSION OF CITY 39 16 DEVELOPMENT PETITIONS. 39 17 1. A person eligible to file a petition for city 39 18 development with the board shall comply with the requirements 39 19 of this subchapter, according to procedures and in a manner 39 20 required by the board. A petition must include all elements 39 21 required to be included by the board pursuant to rules adopted 39 22 by the board, which carries out the purposes of this chapter 39 23 as provided in section 6C.2, the purposes of this subchapter 39 24 as provided in section 6C.71, and the requirements of this 39 25 subchapter. 39 26 2. A petition for annexation must contain a plan of 39 27 annexation which provides for how the annexation complies with 39 28 the requirements of a strategic development plan governing the 39 29 bounded territory. The plan shall provide all of the 39 30 following: 39 31 a. A description of public benefits and services planned 39 32 to be extended to the bounded territory and a schedule of when 39 33 the public benefits and services will be extended to residents 39 34 of the bounded territory. 39 35 b. The location of public buildings planned to be 40 1 constructed within the bounded territory. 40 2 c. The rationale for the annexation and for inclusion of 40 3 the bounded territory. 40 4 Sec. 41. NEW SECTION. 6C.88 PUBLIC MEETING AND 40 5 CONSIDERATION OF EVIDENCE. 40 6 1. The board shall conduct a public meeting regarding a 40 7 petition as soon as practicable for a city development 40 8 petition. 40 9 a. The board shall provide notice as follows: 40 10 (1) The notice shall be delivered to all of the following: 40 11 (a) Each party participating in a joint strategic 40 12 development plan. 40 13 (b) The city council of each city for which a 40 14 discontinuance or boundary adjustment is proposed. 40 15 (c) The county board of supervisors for each county, which 40 16 contains a portion of a city to be discontinued or territory 40 17 to be incorporated, annexed, or severed. 40 18 (d) Any regional planning authority for the territory 40 19 involved. 40 20 (e) All the owners of property located within a bounded 40 21 territory subject to annexation. 40 22 (f) All the owners of property adjoining property with the 40 23 bounded territory subject to annexation. 40 24 (2) The board shall publish notice of the petition and 40 25 hearing in two issues of a newspaper having general 40 26 circulation in each city and each territory involved in the 40 27 proposal. 40 28 b. The notice shall include a brief description of the 40 29 petition and a statement of where the petition is available 40 30 for public inspection. 40 31 c. Any person may submit written briefs, and in the 40 32 board's discretion, may present oral comments. 40 33 d. The board may subpoena witnesses and documents relevant 40 34 to the proposed city development. 40 35 2. In considering a petition for a boundary adjustment, 41 1 the board shall receive and weigh evidence of all of the 41 2 following: 41 3 a. The potential effect of the proposed city development 41 4 on adjacent areas, and on other local governments directly 41 5 affected, including but not limited to the potential impact of 41 6 the proposed boundary adjustment on future revenues of 41 7 affected local governments. 41 8 b. Whether the petition is based on a voluntary boundary 41 9 adjustment. 41 10 c. The desire of persons residing in the bounded territory 41 11 favoring the boundary adjustment. 41 12 3. If the petition is for an annexation, the board shall 41 13 receive and weigh evidence of all of the following: 41 14 a. Existing and projected commercial and industrial 41 15 development within the bounded territory. 41 16 b. Existing and projected population in the bounded 41 17 territory. 41 18 c. The potential effects of extending public benefits and 41 19 services and constructing proposed public improvements as 41 20 required in the plan of annexation, including but not limited 41 21 to the cost and adequacy of providing existing public benefits 41 22 and services and constructing public improvements within the 41 23 bounded territory. 41 24 d. The extent of available and suitable developable land 41 25 within the corporate limits of the city. 41 26 e. The extent to which the bounded territory included in 41 27 the proposed annexation is as compact and contiguous to the 41 28 city as possible. 41 29 Sec. 42. NEW SECTION. 6C.89 DISMISSAL OF PETITIONS. 41 30 The board may dismiss a petition if it finds that it 41 31 proposes substantially the same city development that has been 41 32 disapproved by the board, a city, or by election within the 41 33 two years prior to the date the petition is submitted to the 41 34 board, or that any bounded territory proposed to be annexed 41 35 has been voluntarily annexed under section 6C.83. The board 42 1 shall file for record a statement of each dismissal and the 42 2 reason for it, and shall promptly notify the parties to the 42 3 proceeding of its decision. 42 4 Sec. 43. NEW SECTION. 6C.90 APPROVAL OR DISAPPROVAL OF 42 5 PETITIONS. 42 6 1. The board shall base its decision to approve or 42 7 disapprove a petition for a city development on all evidence 42 8 determined relevant by the board. The decision shall be based 42 9 on the extent to which a petition and evidence supporting the 42 10 petition satisfies the purposes of this chapter as provided in 42 11 section 6C.2, the purposes of this subchapter as provided in 42 12 section 6C.71, the requirements of this subchapter, and any 42 13 joint strategic development plan governing the territory 42 14 proposed to be adjusted. 42 15 2. The board shall approve or disapprove a petition as 42 16 amended, within ninety days of the final meeting, and shall 42 17 file its decision for record and promptly notify the parties 42 18 to the proceeding of its decision. 42 19 3. The board shall consider any objection by a county to 42 20 the plan of annexation provided in chapter 6C, regardless of 42 21 whether it is qualified to be a party in a joint strategic 42 22 development plan pursuant to section 6C.55, if the bounded 42 23 territory is located in the county. The board may disapprove 42 24 the petition based only on the objection. If land in an 42 25 adjoining county could reasonably be annexed as part of future 42 26 city development, the board shall consider comments regarding 42 27 the plan of annexation presented by the adjoining county. 42 28 4. The board may amend a petition, including by placing 42 29 conditions upon its approval. If a petition is substantially 42 30 amended, the board shall continue any meeting to a later date 42 31 and provide notice describing the amendments in the same 42 32 manner as required pursuant to this part. 42 33 5. The board may establish an expedited process to approve 42 34 any of the following: 42 35 a. A petition for the voluntary annexation of territory as 43 1 provided in section 6C.83 or the voluntary severance of 43 2 territory as provided in section 6C.85. 43 3 b. A petition submitted by a city to sever annexed 43 4 territory because the city cannot provide public benefits or 43 5 services to the territory. 43 6 c. A board action to sever territory as provided in 43 7 chapter 6C. 43 8 6. The board shall deny a petition based on any of the 43 9 following: 43 10 a. An inadequate quantity or quality of evidence submitted 43 11 by the petitioner. 43 12 b. The petition is premature. 43 13 c. For a petition for incorporation, any of the following 43 14 apply: 43 15 (1) The city proposed to be incorporated will be unable to 43 16 provide customary public benefits and services. 43 17 (2) Any part of the territory is within an urbanized area. 43 18 The board shall deny the petition, unless a petition for 43 19 annexation of substantially the same territory to such city 43 20 has been dismissed, disapproved, or voted upon unfavorably 43 21 within the last five years. 43 22 d. For a discontinuance or severance, any of the following 43 23 apply: 43 24 (1) The city proposed to be discontinued or the territory 43 25 to be severed will be surrounded by one or more cities and a 43 26 petition for annexation of the same bounded territory has not 43 27 been approved by the board. 43 28 (2) The county or another city will be unable to provide 43 29 necessary public benefits and services to the residents of the 43 30 territory. 43 31 e. For a boundary adjustment, the city development would 43 32 create an island. 43 33 f. For an annexation, any of the following apply: 43 34 (1) The bounded territory does not adjoin the city 43 35 applying for the annexation. 44 1 (2) The establishment of the boundaries of the bounded 44 2 territory is not rational. Establishing the boundaries of 44 3 bounded territory that fail to follow property lines is 44 4 presumed not to be rational. 44 5 (3) It is unreasonable or impracticable for the city 44 6 applying for annexation to extend public benefits and services 44 7 to the bounded territory within four years. 44 8 (4) The motive for annexation is solely to increase 44 9 revenues to the city applying for annexation. 44 10 g. For a consolidation of cities which are not contiguous. 44 11 7. If a petition for voluntary annexation is not approved 44 12 pursuant to this section, the board may convert the petition 44 13 to a petition for involuntary annexation pursuant to section 44 14 6C.81. The conversion shall not prejudice the status of the 44 15 applicant. 44 16 8. Upon approval by the board, the city clerk shall file a 44 17 copy of related documents with the county board of 44 18 supervisors, secretary of state, and state department of 44 19 transportation. The documents shall include the board's 44 20 order, any city resolution, and a map and a legal description 44 21 of the territory. The city clerk shall also record a copy of 44 22 the map and resolution with the county recorder. 44 23 9. If a petition is approved, the board shall provide for 44 24 an election as provided in section 6C.91. 44 25 Sec. 44. NEW SECTION. 6C.91 ELECTION. 44 26 1. If the board approves a petition as provided in section 44 27 6C.90 for city development, the board shall provide for an 44 28 election. However, an election is not required if one of the 44 29 following applies: 44 30 a. The city development is a voluntary annexation under 44 31 section 6C.83, the bounded territory is within an urbanized 44 32 area of the city, and the territory is not within an urbanized 44 33 area of another city. 44 34 b. The city development is a severance under section 44 35 6C.85. 45 1 2. The date for the election shall not be less than thirty 45 2 days nor more than ninety days after the board orders the 45 3 election as provided in section 6C.90. The county 45 4 commissioner of elections shall conduct the election. 45 5 a. A city development which is an incorporation, 45 6 discontinuance, annexation, or severance, shall be authorized 45 7 if a majority of the total number of persons voting approves 45 8 the city development. In the case of incorporation or 45 9 discontinuance, the registered voters of the territory or city 45 10 respectively are eligible to vote in the election. In the 45 11 case of annexation or severance, the registered voters of the 45 12 territory and of the city are eligible to vote in the 45 13 election. 45 14 b. A city development which is a consolidation shall be 45 15 authorized if a favorable majority vote in each city approves 45 16 a consolidation. The registered voters of each city are 45 17 eligible to vote in the election. 45 18 3. The county commissioner of elections shall publish 45 19 notice of the election as provided in section 49.53 and shall 45 20 conduct the election in the same manner as other special city 45 21 elections. 45 22 4. The city shall provide to the commissioner of elections 45 23 a map of the area subject to the petition for city 45 24 development. The commissioner of elections shall approve the 45 25 map for posting. The map shall be displayed prominently in at 45 26 least four places within the voting precinct, and inside each 45 27 voting booth, or on the left-hand side inside the curtain of 45 28 each voting machine. 45 29 5. The costs of an incorporation election shall be borne 45 30 by the initiating petitioners if the election fails. However, 45 31 if the proposition is approved the cost shall become a charge 45 32 of the new city. 45 33 Sec. 45. NEW SECTION. 6C.92 PROCEDURE AFTER APPROVAL. 45 34 1. After the county commissioner of elections has 45 35 certified the results to the board of an election conducted 46 1 pursuant to section 6C.91, the board shall do all of the 46 2 following: 46 3 a. Provide for the publication of a notice of the result 46 4 as provided in section 362.3. 46 5 b. File with the secretary of state and the clerk of each 46 6 city incorporated or involved in a boundary adjustment, and 46 7 record with the recorder of each county which contains a 46 8 portion of any city or territory involved, all of the 46 9 following: 46 10 (1) Copies of the proceedings including the original 46 11 petition and any amendments. 46 12 (2) The order of the board approving the petition. 46 13 (3) Evidence that notice has been delivered or published 46 14 as provided in this subchapter. 46 15 (4) Certification of the election result conducted 46 16 pursuant to section 6C.91. 46 17 (5) Any other material that the board determines to be of 46 18 primary importance to the proceedings. 46 19 c. File with the state department of transportation a copy 46 20 of the map and legal land description of each completed 46 21 incorporation or boundary adjustment. 46 22 2. Upon proper filing and expiration of time for appeal, 46 23 the incorporation, discontinuance, or boundary adjustment is 46 24 complete. However, if an appeal to any of the proceedings is 46 25 pending, completion does not occur until the appeal is 46 26 decided, unless a subsequent date is provided in the petition 46 27 as approved by the board. 46 28 Sec. 46. NEW SECTION. 6C.93 APPEAL. 46 29 1. A city, or a resident or property owner in the 46 30 territory or city affected by a city development petition may 46 31 appeal a decision of the board rendered under section 6C.90 or 46 32 an election conducted under section 6C.91. 46 33 2. An appeal must be filed within thirty days of the 46 34 filing of a decision or the publication of notice of the 46 35 result of an election. 47 1 3. Except as provided in this subsection the judicial 47 2 review provisions of this section and chapter 17A shall be the 47 3 exclusive means by which a person or party who is aggrieved or 47 4 adversely affected may seek judicial review of a board's 47 5 decision or an election result. The court may reverse and 47 6 remand a decision of the board or election result with 47 7 appropriate directions. 47 8 4. Notwithstanding section 17A.19, subsection 2, the 47 9 appeal shall be made to the district court of a county which 47 10 contains a portion of any city or territory involved in the 47 11 petition. Notwithstanding section 17A.19, subsection 5, an 47 12 appeal of an approval of a petition does not stay an election. 47 13 Notwithstanding section 17A.19, subsection 8, the court upon 47 14 review of the appeal shall not reverse or remand a board's 47 15 decision or election result unless any of the following apply: 47 16 a. For an election result, the election was conducted in 47 17 an illegal manner. 47 18 b. For a decision by the board, any of the following 47 19 apply: 47 20 (1) The board did not have jurisdiction to consider the 47 21 petition. 47 22 (2) The board conducted its proceedings in an irregular 47 23 manner. 47 24 (3) The decision of the board is any of the following: 47 25 (a) Conducted according to irregular procedures. 47 26 (b) Unsupported by substantial evidence in the record. 47 27 (c) Unreasonable, arbitrary, or capricious. 47 28 (d) Characterized by an abuse of discretion or a clearly 47 29 unwarranted exercise of discretion. 47 30 Sec. 47. NEW SECTION. 6C.94 SUPERVISION OF PROCEDURES. 47 31 1. When a city development is complete, the board shall 47 32 supervise procedures necessary to carry out the petition as 47 33 approved by the board. 47 34 2. In implementing the petition approved by the board, all 47 35 of the following shall apply: 48 1 a. For an incorporation, the county commissioner of 48 2 elections shall conduct an election for mayor and council of 48 3 the city, who shall serve until their successors take office 48 4 following the next regular city election. 48 5 b. For a discontinuance, the board shall publish two 48 6 notices as provided in section 368.15 that it will do all of 48 7 the following: 48 8 (1) Receive and adjudicate claims against the discontinued 48 9 city for a period of six months from the date of last notice. 48 10 (2) Levy necessary taxes against the property within the 48 11 discontinued city to pay claims allowed. All records of a 48 12 discontinued city shall be deposited with the county auditor 48 13 of the county designated by the board. Any remaining balances 48 14 shall be deposited in the county treasury where the former 48 15 city was located. 48 16 c. For a boundary adjustment, the proper city officials 48 17 shall carry out procedures necessary to implement the 48 18 petition. 48 19 Sec. 48. NEW SECTION. 6C.95 COMPLIANCE WITH REQUIREMENTS 48 20 FOR A BOUNDARY ADJUSTMENT – RECONSIDERATION. 48 21 1. A city shall comply with any conditions provided in a 48 22 petition for a boundary adjustment or conditions imposed on 48 23 the city by the board in approving the petition. 48 24 2. A city shall provide public benefits and services to a 48 25 bounded territory annexed under a plan of annexation approved 48 26 by the board as part of a petition for boundary adjustment, as 48 27 provided in section 6C.90. If a city fails to provide public 48 28 benefits and services within its bounded territory within four 48 29 years from the date that the annexation becomes final, the 48 30 city may apply for an extension to provide the public benefits 48 31 and services for a period not to exceed two additional years. 48 32 The board may grant the extension, if the board determines 48 33 that the city has acted in good faith to provide the public 48 34 benefits and services and that unforeseen events contributed 48 35 to the delay. The board may grant an extension for one 49 1 additional year if the board determines that exigent 49 2 circumstances warrant the extension. However, in no case may 49 3 the board approve an extension for more than seven years 49 4 following the date that the annexation becomes final. 49 5 3. The board shall reconsider approving a petition upon 49 6 its own initiative for a boundary adjustment if the board 49 7 finds that the petition may be disapproved under this 49 8 subsection. 49 9 a. If the petition was for an annexation, the board may 49 10 reconsider the petition upon receipt of an appeal brought by 49 11 an owner of land located in the bounded territory annexed 49 12 pursuant to a plan of annexation approved as part of the 49 13 petition. The appeal shall be submitted in a manner and 49 14 according to procedures required by the board. The board 49 15 shall disapprove a reconsidered petition, if the board 49 16 determines that one of the following applies: 49 17 b. The city fails to provide public benefits and services 49 18 to the annexed bounded territory within the period required by 49 19 this section. 49 20 c. The city misrepresented a material fact in its petition 49 21 for annexation that caused the board to approve the petition. 49 22 4. If the board determines that the petition should not 49 23 have been approved, the board may do any of the following: 49 24 a. Provide an order of tax relief to do either of the 49 25 following: 49 26 (1) Require that all or some property within the annexed 49 27 territory be taxed according to a reduced rate. The reduced 49 28 rate shall not be less than the rate applicable if the 49 29 territory had not been annexed. The property shall be taxed 49 30 at the reduced rate until at least public benefits and 49 31 services are extended to property within the annexed property. 49 32 (2) Require that the city provide a rebate to residents 49 33 equaling the difference between the property taxes paid to the 49 34 city by owners of property within the annexed territory and 49 35 the amount in taxes owed under the reduced rate. 50 1 b. Order the severance of all or any part of bounded 50 2 territory annexed pursuant to a plan of annexation submitted 50 3 with a petition for boundary alteration as provided in section 50 4 6C.85, if any of the following apply: 50 5 c. The board finds all of the following apply: 50 6 (1) The city failed to comply with purposes of this 50 7 chapter as provided in section 6C.2, the requirements of this 50 8 subchapter, a joint strategic development plan as provided in 50 9 subchapter IV, or conditions provided in the petition or order 50 10 approving the petition. 50 11 (2) The failure was due to the city's bad faith, 50 12 recklessness, or disregard for the facts as stated in the 50 13 petition, including the plan of annexation. 50 14 d. The city petitions the board to order a severance, 50 15 based on the city's failure to provide adequate public 50 16 benefits or services to land owners in the bounded territory. 50 17 PART III 50 18 SPECIAL PROVISIONS 50 19 Sec. 49. NEW SECTION. 6C.101 AUTOMATIC DISCONTINUANCE. 50 20 1. A city is automatically discontinued if, for a period 50 21 of six years or more, the city fails to do any of the 50 22 following: 50 23 a. Hold a city election. 50 24 b. Levy taxes. 50 25 2. If the board determines that a city is discontinued 50 26 under this section, the board shall take control of the 50 27 property of the discontinued city and carry out all necessary 50 28 functions and procedures as if the city were discontinued 50 29 under a petition as provided in section 6C.94. 50 30 Sec. 50. NEW SECTION. 6C.102 DISCONTINUED CITIES – 50 31 CEMETERY FUNDS. 50 32 If a city is discontinued under this subchapter, and the 50 33 board determines that perpetual care funds exist, the board 50 34 shall provide for the transfer of the funds to any of the 50 35 following: 51 1 1. A trustee named by a district court. 51 2 2. The county board of supervisors in the county where the 51 3 discontinued city was located. 51 4 3. A governmental entity deemed suitable by the board. 51 5 Sec. 51. NEW SECTION. 6C.103 UTILITIES – TAXES UPON 51 6 ANNEXATION. 51 7 1. A city that annexes territory shall provide written 51 8 notification to all public utilities operating in the annexed 51 9 territory. The notice shall include all of the following: 51 10 a. A legal description and map of the annexed territory. 51 11 b. Each street address within the annexed territory, where 51 12 possible. 51 13 c. A statement containing the effective date of the 51 14 annexation and a copy of the order, resolution, or ordinance 51 15 proclaiming the annexation to all public utilities operating 51 16 in the annexed area. 51 17 2. If notification of the annexation is provided to a 51 18 public utility as provided in this section less than sixty 51 19 days prior to the effective date of the annexation, the public 51 20 utility shall have sixty days from the date of notification to 51 21 adjust its tax and accounting records to reflect the 51 22 annexation for any tax purpose. 51 23 3. Additional or increased fees or taxes, other than ad 51 24 valorem taxes, imposed on a public utility as a result of an 51 25 annexation to a city shall become effective sixty days after 51 26 the effective date of the annexation. 51 27 Sec. 52. NEW SECTION. 6C.104 SECONDARY ROAD ANNEXATION. 51 28 1. The board of supervisors of each county affected by an 51 29 annexation shall notify the board of the existence of that 51 30 portion of any secondary road which extends to the centerline, 51 31 has not become part of the city by annexation, and has a 51 32 common boundary with a city. 51 33 2. The notification shall include a legal description and 51 34 a map identifying the location of the secondary road. 51 35 3. The board shall provide notice and an opportunity to be 52 1 heard to each city in or next to which the secondary road is 52 2 located. 52 3 4. The board shall certify that the notification is 52 4 correct and declare the road, or portion of the road extending 52 5 to the centerline, annexed to the city as of the date of 52 6 certification. 52 7 5. The title and interest of a county in any secondary 52 8 road which is annexed by a city is transferred to the city 52 9 upon the effective date of the annexation. 52 10 DIVISION B 52 11 MISCELLANEOUS PROVISIONS 52 12 Sec. 53. NEW SECTION. 6B.46A RESTRICTIONS UPON USE OF 52 13 UTILITY EASEMENTS. 52 14 1. This section governs the acquisition of an interest in 52 15 real estate by the state or local government through a 52 16 proceeding brought under this chapter for purposes of 52 17 extending a utility. 52 18 2. The scope of the interest shall be limited to the 52 19 express creation of an appurtenant easement to the extent 52 20 necessary in order to extend the utility over the property of 52 21 the owner. 52 22 3. The dominant estate shall not undergo a change in use. 52 23 The person holding the dominant estate may maintain the 52 24 utility system, but shall not expand the size or capacity of 52 25 the utility. 52 26 4. The owner of the land subject to the proceeding 52 27 creating the easement shall hold a servient estate, and may 52 28 use the property in any manner that does not unreasonably 52 29 interfere with the easement. 52 30 5. The easement shall expire when the utility is no longer 52 31 used for the purpose intended. 52 32 Sec. 54. Section 15.108, subsection 3, paragraph a, 52 33 subparagraph (2), Code 1999, is amended to read as follows: 52 34 (2) Provide office space and staff assistance to thecity52 35developmentland use planning board for development management 53 1 and natural area protection as provided in section368.953 2 6C.11. 53 3 Sec. 55. Section 306.9, unnumbered paragraph 1, Code 1999, 53 4 is amended to read as follows: 53 5 It is the policy of the state of Iowa that relocation of 53 6 primary highways through cultivated land shall be avoided to 53 7 the maximum extent possible. When the volume of traffic for 53 8 which the road is designed or other conditions, including 53 9 designation as part of the network of commercial and 53 10 industrial highways, require relocation, diagonal routes shall 53 11 be avoided if feasible and prudent alternatives consistent 53 12 with efficient movement of traffic exist. The department 53 13 shall adopt rules pursuant to chapter 17A that establish an 53 14 analytical framework for determining when a primary highway 53 15 must be relocated through cultivated land, including by using 53 16 diagonal routes. The rules shall include a detailed list of 53 17 factors for use by the department in completing its analysis 53 18 in compliance with the state's policy. 53 19 Sec. 56. Section 314.12, Code 1999, is amended to read as 53 20 follows: 53 21 314.12BORROW PITSRESTORATION OF AREAS – TOPSOIL 53 22 PRESERVED. 53 23 In the award ofcontractsa contract for a project 53 24 involving the construction, reconstruction, improvement, 53 25 repair, or maintenance ofanya highway, the agencyhaving53 26charge ofawardingsuch contractsthe contract shall require 53 27 thatwhenthe area be restored as provided in this section. 53 28 The restoration shall apply to land acquired by title or 53 29 easement, whether by agreement or condemnation. 53 30 1. a. Except as provided in paragraph "b", if fill dirt, 53 31 soil, or other materials areto beremoved from a borrowpits53 32acquired by title or easement, whether by agreement or53 33condemnation, for use in the project, adequate provision shall53 34be made for the restoration of the borrowpit area,either by53 35removal and replacement ofthe agency shall provide for either 54 1 of the following: 54 2 (1) Removing and replacing a minimum of eight inches of 54 3 topsoil, or by fertilizing. 54 4 (2) Fertilizing, mulching, reseeding, or providing other 54 5 appropriate measures toprovideinstall vegetative cover or 54 6 prevent erosion, except where a. 54 7 b. Restoring the area as provided in paragraph "a" is not 54 8 required if any of the following applies: 54 9 (1) A lake or subwater table conditions are designed, or54 10where the. 54 11 (2) The area is zoned for commercial, industrial, or 54 12 residential use, or where the. 54 13 (3) The borrow is inlocations ofan area where white oak, 54 14 sand, loess, or undrainable clays are located. 54 15 c. When the borrow pit is acquired by easement, the 54 16 restoration method shall be determined by agreement with the 54 17 landowner. 54 18 2. If topsoil is removed from a part of the project, the 54 19 undeveloped ground that has been excavated shall be covered 54 20 with the topsoil. The topsoil shall be applied to a depth 54 21 that at least equals the topsoil depth prior to excavation. 54 22 The agency shall install practices on the land that prevents 54 23 soil erosion, including by providing vegetative cover 54 24 consistent with section 314.22. 54 25 Sec. 57. Section 331.304, subsection 7, Code 1999, is 54 26 amended to read as follows: 54 27 7. The board may fileaan involuntary petition with the 54 28city developmentland use planning board for development 54 29 management and natural area protection as provided in section 54 30368.116C.85. 54 31 Sec. 58. Section 331.321, subsection 1, paragraph u, Code 54 32 1999, is amended by striking the paragraph. 54 33 Sec. 59. Section 331.427, subsection 1, unnumbered 54 34 paragraph 1, Code 1999, is amended to read as follows: 54 35 Except as otherwise provided by state law, county revenues 55 1 from taxes and other sources for general county services shall 55 2 be credited to the general fund of the county, including 55 3 revenues received under sections 6C.94, 101A.3, 101A.7, 55 4 123.36, 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7, 55 5 section 331.554, subsection 6, sections 341A.20, 364.3, 55 6368.21,422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57, 55 7 453A.35, 458A.21, 483A.12, 533.24, 556B.1, 567.10, 583.6, 55 8 602.8108, 904.908, and 906.17, and chapter 405A, and the 55 9 following: 55 10 Sec. 60. Section 331.507, subsection 2, unnumbered 55 11 paragraph 1, Code 1999, is amended to read as follows: 55 12 The auditor isentitled toshall collect the following 55 13 fees: 55 14 Sec. 61. Section 331.507, subsection 2, paragraph a, Code 55 15 1999, is amended to read as follows: 55 16 a. For a transfer of property made in the transfer 55 17 records,fivenine dollars for each separate parcel of real 55 18 estate described in a deed, or transfer of title certified by 55 19 the clerk of the district court. However, the fee shall not 55 20 exceedfiftyfifty-four dollars for a transfer of property 55 21 which is described in one instrument of transfer. 55 22 Sec. 62. Section 331.507, subsection 3, Code 1999, is 55 23 amended to read as follows: 55 24 3. Fees collectedor receivedby the auditor under this 55 25 section shall be accounted for and paid as follows: 55 26 a. The first five dollars collected under this section for 55 27 each separate parcel of real estate, up to fifty dollars for 55 28 transfers of property described in one instrument shall be 55 29 paid into the county treasury as provided in section 331.902. 55 30 b. The remaining moneys collected under this section shall 55 31 be paid to the department of revenue and finance on a monthly 55 32 basis for deposit in the land use planning fund for 55 33 development management and farmland and natural area 55 34 protection as created in section 6C.21. 55 35 Sec. 63. Section 362.1, Code 1999, is amended to read as 56 1 follows: 56 2 362.1 CITATION. 56 3 This chapter and chapters 364,368,372, 376, 380, 384, 388 56 4 and 392 may be cited as the "City Code of Iowa". 56 5 Sec. 64. Section 362.9, Code 1999, is amended to read as 56 6 follows: 56 7 362.9 APPLICATION OF CITY CODE. 56 8 The provisions of this chapter and chapters 6C, 364,368,56 9 372, 376, 380, 384, 388 and 392 are applicable to all cities. 56 10 Sec. 65. Section 384.38, subsection 2, Code 1999, is 56 11 amended to read as follows: 56 12 2. Upon petition as provided in section 384.41, subsection 56 13 1, a city may assess to private property affected by public 56 14 improvements within three miles of the city's boundaries the 56 15 cost of construction and repair of public improvements within 56 16 that area. The right-of-way of a railway company shall not be 56 17 assessed unless the company joins as a petitioner for said 56 18 improvements. In the petition the property owners shall waive 56 19 the limitation provided in section 384.62 that an assessment 56 20 may not exceed twenty-five percent of the value of the lot. 56 21 The petition shall contain a statement that the owners agree 56 22 to pay the city an amount equal to five percent of the cost of 56 23 the improvements, to cover administrative expenses incurred by 56 24 the city. This amount may be added to the cost of the 56 25 improvements. Before the council may adopt the resolution of 56 26 necessity, the preliminary resolution, preliminary plans and 56 27 specifications, plat, schedule, and estimate of cost must be 56 28 submitted to, and receive written approval from, the board of 56 29 supervisors of any county which contains part of the property, 56 30 and thecity development boardland use planning board for 56 31 development management and natural area protection established 56 32 in section368.96C.11. 56 33 Sec. 66. Section 414.23, unnumbered paragraph 1, Code 56 34 1999, is amended to read as follows: 56 35The powers granted byTo the extent that an unincorporated 57 1 area is not governed by a zoning ordinance adopted by a county 57 2 pursuant to chapter 335, a city may adopt a city zoning 57 3 ordinance under this chaptermay be extended by ordinance by57 4any city tothat governs the unincorporated areaup to57 5 adjacent to the city as provided in this section. 57 6 1. For cities located more than thirty miles from the 57 7 state's borders, the unincorporated area must be located 57 8 within two miles beyond the limits ofsuchthe city, except57 9for those areas within a county where a county zoning57 10ordinance exists. For cities located thirty miles or less 57 11 from the state's borders, the unincorporated area must be 57 12 located within three miles beyond the limits of the city. The 57 13 distance from a city to a state's borders is measured from the 57 14 center of the city. 57 15 2. The zoning ordinanceshalladopted by the city must 57 16 describe in general terms the unincorporated area to be 57 17 included. 57 18 3. The unincorporated area shall be governed by a joint 57 19 strategic development plan as provided in chapter 6C. 57 20 4. The exemption from regulation granted by section 335.2 57 21 to property used for agricultural purposes shall apply tosuch57 22unincorporatedthe unincorporated area. 57 23 5. If the limits ofany sucha city are at any place less 57 24 than four miles distant from the limits ofany otheranother 57 25 city which has extended orthereafterextends its zoning 57 26 jurisdiction under this section,then at such timethepowers57 27herein grantedunincorporated area shall extend to a line 57 28 equidistant between the limits ofsaidthe cities. 57 29 Sec. 67. NEW SECTION. 427.20 CITY DEVELOPMENT. 57 30 If a city changes the zoning classification of a parcel of 57 31 property under chapter 414, the city shall not assess and tax 57 32 the parcel based on the changed zoning classification until 57 33 the parcel is used according to the changed classification or 57 34 three years from the date that the classification is changed, 57 35 whichever occurs earlier. 58 1 Sec. 68. Section 455B.306A, subsection 1, Code 1999, is 58 2 amended to read as follows: 58 3 1. A city which annexes an area pursuant to chapter36858 4 6C, or plans to operate or expand solid waste collection 58 5 services into an area where the collection of solid waste is 58 6 presently being provided by a private entity, shall notify the 58 7 private entity by certified mail at least sixty days before 58 8 its annexation or expansion of its intent to provide solid 58 9 waste collection services in the area. 58 10 Sec. 69. Section 524.1202, subsection 1, Code 1999, is 58 11 amended to read as follows: 58 12 1. Except as otherwise provided in subsection 2 of this 58 13 section, no state bank shall establish a bank office outside 58 14 the corporate limits of a municipal corporation or in a 58 15 municipal corporation in which there is already an established 58 16 state or national bank or office, however the subsequent 58 17 chartering and establishment of any state or national bank, 58 18 through the opening of its principal place of business within 58 19 the municipal corporation where the bank office is located, 58 20 shall not affect the right of the bank office to continue in 58 21 operation in that municipal corporation. The existence and 58 22 continuing operation of a bank office shall not be affected by 58 23 the subsequent discontinuance of amunicipal corporationcity 58 24 pursuant tothe provisions of sections 368.11 to 368.2258 25 chapter 6C. A bank office existing and operating on July 1, 58 26 1976, which is not located within the confines of a municipal 58 27 corporation, shall be allowed to continue its existence and 58 28 operation without regard to this subsection. 58 29 Sec. 70. IMPLEMENTATION OF ACT. The fees and funds 58 30 generated as a result of the enactment of this Act are 58 31 intended to cover the costs of any state mandate included in 58 32 this Act and this specification of state funding shall be 58 33 deemed to meet all the state funding-related requirements of 58 34 section 25B.2, subsection 3, and no additional state funding 58 35 shall be necessary for the full implementation of this Act by, 59 1 and enforcement of this Act against, all affected political 59 2 subdivisions. 59 3 Sec. 71. TRANSFER OF SECTION. The Code editor is directed 59 4 to transfer section 368.2, Code 1999, to chapter 380 and 59 5 correct internal references as necessary. 59 6 Sec. 72. 59 7 1. Sections 352.3 through 352.5, Code 1999, are repealed. 59 8 2. Sections 368.1 and 368.3 through 368.24, Code 1999, are 59 9 repealed. 59 10 Sec. 73. MORATORIUM. On and after November 30, 1998, all 59 11 of the following shall apply: 59 12 1. A city shall not annex land, unless one of the 59 13 following applies: 59 14 a. The annexation conforms to the provisions of this Act. 59 15 b. A city council approves an application or petition for 59 16 an annexation of territory on or after November 30, 1998, but 59 17 before the effective date of this Act as provided in chapter 59 18 368, Code 1999. 59 19 2. A county shall not plat land, unless one of the 59 20 following applies: 59 21 a. The annexation conforms to the provisions of this Act. 59 22 b. The governing body approves a subdivision plat lying 59 23 within the jurisdiction of the governing body prior to 59 24 recording as provided in section 354.8 on or after November 59 25 30, 1998, but before the effective date of this Act. 59 26 Sec. 74. EFFECTIVE DATE. 59 27 1. Except as provided in this section, this Act takes 59 28 effect July 1, 1999. 59 29 2. The land use planning board for development management 59 30 and farmland and natural area protection, the land use 59 31 commission for development management and farmland and natural 59 32 area protection, and the state land use strategic development 59 33 council as created in this Act shall be appointed as soon as 59 34 practical upon the enactment of this Act. The entities shall 59 35 carry out all functions necessary to prepare for the 60 1 administration of this Act on July 1, 1999, and provide for 60 2 the transition of administration of provisions from under 60 3 chapter 368 to chapter 6C, including the adoption of rules. 60 4 3. a. Section 73 of this Act is retroactive to November 60 5 30, 1998. 60 6 b. Section 73 of this Act takes effect upon enactment. 60 7 EXPLANATION 60 8 GENERAL 60 9 This bill creates a new Code chapter 6C, referred to as the 60 10 "Land Development Management Act". According to the bill, the 60 11 purpose of the new Code chapter is to preserve the use of 60 12 prime agricultural land for agricultural production; preserve 60 13 natural, cultural, and historical areas; and provide for the 60 14 orderly development of cities. The bill establishes a number 60 15 of new provisions and rewrites provisions contained in Code 60 16 chapter 368, which governs the city development board. 60 17 ADMINISTRATION 60 18 The bill creates a number of entities responsible for 60 19 administration of the Code chapter. 60 20 The bill creates a state land use strategic development 60 21 council. The bill provides that this is the state's principal 60 22 agency overseeing planning of major state sponsored projects. 60 23 The council is a consultative body that reviews policies 60 24 regarding major development initiatives undertaken by state 60 25 agencies. The council must establish, maintain, and revise a 60 26 state strategic development plan that provides for development 60 27 by member state agencies. The council has members 60 28 representing major agencies involved or interested in 60 29 development, including the state department of transportation, 60 30 the department of natural resources, the department of 60 31 agriculture and land stewardship, and the department of 60 32 general services. 60 33 The bill creates the land use planning board for 60 34 development management and farmland and natural area 60 35 protection. This is the successor board to the city 61 1 development board created under Code chapter 368. The 61 2 composition of its membership is similar. The board is the 61 3 principal agency overseeing planning by local governments. 61 4 The bill creates the land use planning commission for 61 5 development management and farmland and natural area 61 6 protection. This entity is comprised of the same membership 61 7 as was represented on the legislative commission. The 61 8 commission is charged to monitor the administration of the 61 9 chapter and the extent to which the purposes of the chapter 61 10 are being satisfied. The commission sunsets on July 1, 2003. 61 11 The bill increases the fees from $5 to $9 required to be 61 12 collected by county auditors for the transfer of real estate 61 13 documents such as deeds. The additional fees are paid to the 61 14 department of revenue and finance for deposit into a special 61 15 fund administered by the board. Moneys in the fund must be 61 16 used for costs related to administering and reimbursing Iowa 61 17 state university and counties for costs related to preparing 61 18 land use and natural resource inventories, for the costs of 61 19 administering the bill's provisions, and to reimburse counties 61 20 for the costs of preparing strategic development plans. 61 21 LAND USE INVENTORIES 61 22 The bill provides that Iowa state university of science and 61 23 technology shall serve as the repository of permanent land use 61 24 and natural resources inventories completed as required by the 61 25 bill. The bill requires the university to study the extent to 61 26 which land in Iowa is being converted from agricultural use to 61 27 residential, commercial, industrial, or public use. The 61 28 university must report to the general assembly every two 61 29 years. The university must also provide technical assistance 61 30 to counties in completing the system. The system administered 61 31 by the counties must assess and categorize land uses, the 61 32 productive quality of farmland soil, and the changes in use or 61 33 classifications for use of the land. 61 34 LOCAL LAND USE PLANNING 61 35 The bill requires that each local government adopt a 62 1 strategic development plan that must be approved and filed 62 2 with the board. According to the bill, the plan integrates 62 3 the planning functions of the local governments. The bill 62 4 provides that local governments must establish a strategic 62 5 development plan in order to carry out the purposes of this 62 6 bill, and integrate the planning functions of local 62 7 governments, including the planning of infrastructure and 62 8 public facilities and the provision of public benefits and 62 9 services. Local governments must adopt independent plans 62 10 governing their jurisdictions. They must also cooperate to 62 11 adopt joint plans governing areas of common interest. A local 62 12 government must file a strategic development plan with the 62 13 board according to a phased-in schedule that requires local 62 14 governments representing larger counties and cities to file a 62 15 plan prior to local governments representing smaller counties 62 16 and cities filing a strategic development plan. 62 17 The board must approve a joint plan if it determines that 62 18 the plan meets the purposes of this bill. The board may file 62 19 parts of a plan adopted by local governments, which are 62 20 approved by the local governments. The bill prevents the 62 21 construction of public facilities outside the jurisdiction of 62 22 a local government, unless the facilities are developed in 62 23 accordance with a plan. A city may object to a plan submitted 62 24 by a county, based on planned extra-urban development. The 62 25 board may deny approval of the plan based on the objection. 62 26 CITY DEVELOPMENT 62 27 Generally, the provisions in Code chapter 368 continue to 62 28 govern city development, including boundary adjustments, such 62 29 as annexation, severance, and consolidation, and 62 30 incorporations and discontinuance. The bill rewrites these 62 31 provisions as part of new Code chapter 6C, amending the 62 32 language to enhance readability. The bill also includes new 62 33 provisions, especially concerning annexation procedures. 62 34 Under the bill, all annexations must be approved by the board. 62 35 An annexation must comply with the purposes and requirements 63 1 of the bill, including any joint plan that has been adopted. 63 2 Under certain circumstances, a county may submit an objection 63 3 with the board, if the territory proposed to be annexed is not 63 4 governed by a joint strategic development plan. The board may 63 5 reconsider approving a petition for annexation upon its own 63 6 initiative or upon receipt of a petition brought by a property 63 7 owner of annexed territory, if the city fails to extend public 63 8 benefits and services to the annexed territory within the 63 9 period required by this bill. 63 10 EMINENT DOMAIN (UTILITIES) 63 11 The bill provides for the acquisition of an interest in 63 12 real estate by the state or local government through a 63 13 condemnation proceeding brought under Code chapter 6B for 63 14 purposes of extending infrastructure which is a utility 63 15 system. The bill provides that the scope of the interest must 63 16 be limited to the express creation of an appurtenant easement 63 17 to the extent necessary in order to extend the utility system 63 18 over the property of the owner. 63 19 DEPARTMENT OF TRANSPORTATION 63 20 The bill provides that the department of transportation 63 21 must adopt rules that establish an analytical framework for 63 22 determining when a primary highway must be relocated through 63 23 cultivated land, including by using diagonal routes. 63 24 The bill also provides that if topsoil is removed from a 63 25 part of a highway project, the undeveloped ground that has 63 26 been excavated must be covered with the topsoil. 63 27 PROPERTY TAX ASSESSMENTS 63 28 If a city changes the zoning classification of a parcel of 63 29 property under Code chapter 414, the city shall not assess and 63 30 tax the parcel based on the changed zoning classification 63 31 until the parcel is used according to the changed 63 32 classification or three years from the date that the 63 33 classification is changed, whichever occurs earlier. 63 34 STATE MANDATE 63 35 This bill may include a state mandate as defined in Code 64 1 section 25B.3. The bill provides that fees and funds 64 2 generated in this bill are intended to cover the costs of any 64 3 state mandate included in the bill. The inclusion of this 64 4 specification of state funding is intended to reinstate the 64 5 requirement of political subdivisions to comply with any state 64 6 mandates included in this bill. 64 7 MORATORIUM 64 8 The bill provides that on and after November 30, 1998, a 64 9 city cannot annex land, and a county shall not plat land 64 10 unless the annexation or platting conforms to the provisions 64 11 of this bill, or the city or county has taken some affirmative 64 12 action to annex the land. 64 13 EFFECTIVE DATE 64 14 The bill takes effect on July 1, 1999. However, entities 64 15 created in the bill must be appointed and begin performing 64 16 functions as provided in the bill as soon as possible. The 64 17 provision establishing the moratorium takes effect upon 64 18 enactment and is retroactively applicable. 64 19 LSB 1849SV 78 64 20 da/gg/8
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