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PAG LIN 1 1 DIVISION I 1 2 STATE LAND MANAGEMENT AND PLANNING POLICY 1 3 Section 1. NEW SECTION. 6C.1 TITLE. 1 4 This chapter shall be known and may be cited as the "Land 1 5 Development Management Act". 1 6 Sec. 2. NEW SECTION. 6C.2 POLICY OF THIS STATE 1 7 PURPOSE OF THIS CHAPTER. 1 8 1. The policy of the state is to ensure the sound and 1 9 orderly development and use of land including agricultural, 1 10 commercial, industrial, residential, recreational, and 1 11 historic uses. 1 12 2. The purposes of this chapter include all of the 1 13 following: 1 14 a. Preserving the use of prime agricultural land for 1 15 agricultural production, and preserving natural, cultural, and 1 16 historical areas. 1 17 b. Striking a balance between the need to carry out the 1 18 legitimate public purposes described in this section and the 1 19 need to preserve private property rights. 1 20 c. Encouraging economic development in this state by 1 21 providing for development in areas where development has been 1 22 planned by local governments. 1 23 d. Controlling urban sprawl, and thereby providing for the 1 24 protection and preservation of the private and public interest 1 25 in the land, water, and related resources of this state for 1 26 the public health, safety, and general welfare, and for the 1 27 benefit of present and future generations. 1 28 e. Encouraging communication and coordination between 1 29 local units of government regarding transportation and land 1 30 use decision making. 1 31 3. All public agencies shall cooperate in achieving the 1 32 purposes and carrying out the provisions of this chapter. 1 33 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS. 1 34 1. "Board" means the land management planning board 1 35 established in section 6C.5. 2 1 2. "Council" means the state strategic development council 2 2 as created pursuant to section 6C.9. 2 3 3. "Department" means the department of economic 2 4 development. 2 5 4. "Development" means the construction or structural 2 6 alteration, conversion, or enlargement of a structure or use 2 7 of land, including the construction of basic improvements, 2 8 public improvements, buildings, structures, or impermeable 2 9 structures. 2 10 5. "Farmland" means farmland as that term is defined in 2 11 section 352.2. 2 12 6. "Fund" means the land management planning fund as 2 13 created in section 6C.7. 2 14 7. "Inventory" means a permanent land use and natural 2 15 resources inventory system as provided in section 352.5. 2 16 8. "Local government" means a county or city government. 2 17 9. "Local legislation" means any ordinance, resolution, 2 18 motion, amendment, or regulation adopted by a local 2 19 government, which has the force and effect of law. 2 20 10. "Major public project" means any of the following: 2 21 a. The construction of a new or the relocation of an 2 22 existing highway. 2 23 b. The construction or expansion of an improvement, 2 24 including a structure or basic improvement, other than a 2 25 highway, which involves the development of more than fifty 2 26 acres of land or six thousand tons of topsoil. 2 27 c. The construction of any of the following: 2 28 (1) A dam or reservoir. 2 29 (2) A correctional institution as provided in chapter 904. 2 30 11. "Member agency" means a state agency which is 2 31 represented on the council as provided in section 6C.9. 2 32 12. "Public agency" means a state agency, local 2 33 government, or other political subdivision, including but not 2 34 limited to a principal department as provided in section 7E.5, 2 35 a school corporation organized under chapter 273 or 274, a 3 1 community college as provided in chapter 260C, a regional 3 2 library as provided in chapter 256, or a township as provided 3 3 in chapter 359. 3 4 13. "Public building" means any building used for human 3 5 occupation constructed by a public agency other than a state 3 6 agency to either provide public benefits and services or to 3 7 accommodate the general public or public agency employees, 3 8 including but not limited to offices, laboratories, workshops, 3 9 classrooms, auditoriums, libraries, museums, courtrooms, 3 10 hearing and meeting rooms, schools, garages, cellhouses, or 3 11 other secure sleeping facilities. 3 12 14. "Regional development authority" means a council of 3 13 governments established pursuant to chapter 28H or a joint 3 14 planning commission established pursuant to chapter 28I. 3 15 15. "State agency" means the same as "agency" defined in 3 16 section 17A.2. 3 17 16. "Strategic development area" means an area governed by 3 18 a strategic development plan as provided in chapter 366. 3 19 17. "Strategic development plan" means a plan adopted by a 3 20 county and cities participating as provided in chapter 366 as 3 21 a means to organize the manner and location of future 3 22 development within a territory of a county. 3 23 18. "Urban sprawl" means the development of land that 3 24 occurs on the fringes of cities, if the development is for a 3 25 use which is not contiguous to existing or approved 3 26 development, creates urban densities and uses within future 3 27 urbanizing and agriculturally productive land, natural or 3 28 historic areas, and is designed without regard to its 3 29 surroundings. 3 30 Sec. 4. NEW SECTION. 6C.4 FINANCIAL ASSISTANCE AWARDED 3 31 BY PUBLIC AGENCIES. 3 32 1. Effective July 1, 2002, in order for a public agency to 3 33 award financial assistance to persons for use in developing 3 34 land, the development shall be consistent with the relevant 3 35 strategic development plan prepared pursuant to chapter 366. 4 1 2. Financial assistance includes but is not limited to 4 2 moneys awarded from the following: 4 3 a. The community economic betterment account established 4 4 in section 15.320. 4 5 b. The revitalize Iowa's sound economy fund created in 4 6 section 315.2. 4 7 c. Iowa economic development bond bank program established 4 8 pursuant to section 16.102. 4 9 d. Tax increment financing created pursuant to section 4 10 403.19. 4 11 e. Tax exemptions within revitalization areas as provided 4 12 in chapter 404. 4 13 Sec. 5. NEW SECTION. 6C.5 LAND MANAGEMENT PLANNING 4 14 BOARD. 4 15 1. A land management planning board is created as the 4 16 state's principal agency overseeing planning by local 4 17 governments. The board shall oversee administration of this 4 18 chapter, and chapters 366 and 368, monitor the effectiveness 4 19 of public agencies in achieving the purposes of this chapter 4 20 as provided in section 6C.2, and study methods to better 4 21 achieve those purposes. 4 22 2. The board shall be composed of the following members: 4 23 a. One member appointed from a city with a population of 4 24 forty-five thousand or less. 4 25 b. One member appointed from a city with a population of 4 26 more than forty-five thousand but less than one hundred 4 27 thousand. 4 28 c. One member appointed from a city with a population of 4 29 one hundred thousand or more. 4 30 d. One member appointed from a county with a population of 4 31 fifty thousand or less. 4 32 e. One member appointed from a county with a population of 4 33 more than fifty thousand but less than one hundred thousand. 4 34 f. One member appointed from a county with a population of 4 35 one hundred thousand or more. 5 1 g. One member appointed by the secretary of agriculture. 5 2 h. One member appointed by the director of the department 5 3 of natural resources. 5 4 i. One member appointed by the director of the department 5 5 of economic development. 5 6 j. Two members representing the general public. 5 7 3. With the exception of members appointed under 5 8 paragraphs "g", "h", and "i", the members shall be appointed 5 9 by the governor subject to confirmation by the senate as 5 10 provided in section 2.32. The appointments must be for six- 5 11 year staggered terms beginning and ending as provided in 5 12 section 69.19, or for an unexpired term if a vacancy occurs. 5 13 No member shall serve more than two complete six-year terms. 5 14 4. A member may be removed from office by the governor for 5 15 misfeasance, malfeasance, willful neglect of duty, or other 5 16 just cause, after notice and hearing, unless the notice and 5 17 hearing is expressly waived in writing. 5 18 5. The board shall elect a chairperson each year. 5 19 6. Members of the board, other than a state officer or 5 20 employee, are entitled to receive a per diem as specified in 5 21 section 7E.6 for each day spent in performance of duties as 5 22 members, and shall be reimbursed for all actual and necessary 5 23 expenses incurred in the performance of duties as members. 5 24 7. The department of economic development shall provide 5 25 office space and staff assistance, and shall budget funds to 5 26 cover expenses of the board. The office of attorney general 5 27 shall provide legal counsel to the board. 5 28 Sec. 6. NEW SECTION. 6C.6 POWERS AND DUTIES OF THE 5 29 BOARD. 5 30 1. The board shall do all of the following: 5 31 a. Approve or disapprove strategic development plans 5 32 submitted for dispute resolution pursuant to chapter 366. 5 33 b. Approve or disapprove petitions for city development as 5 34 provided in chapter 368. 5 35 c. Establish policies for administration of the land 6 1 management planning fund for development management and 6 2 farmland and natural area protection as created in section 6 3 6C.7. The board shall pay claims by eligible local 6 4 governments for reimbursement of expenses relating to 6 5 preparing strategic development plans as provided in section 6 6 6C.8. 6 7 d. Adopt rules pursuant to chapter 17A which are necessary 6 8 to administer its duties under this chapter and chapters 366 6 9 and 368. The rules shall include establishing filing fees for 6 10 petitions and applications submitted to the board. The board 6 11 may establish a schedule of fees required to file these 6 12 documents with the board, based on criteria established by the 6 13 board, which may include the size of the local government 6 14 filing the document. 6 15 2. The board may adopt forms to be completed and submitted 6 16 by local governments as required for the efficient 6 17 administration of this chapter and chapters 366 and 368. 6 18 Sec. 7. NEW SECTION. 6C.7 LAND MANAGEMENT PLANNING FUND. 6 19 1. A land management planning fund is created within the 6 20 state treasury under the control of the department of economic 6 21 development. 6 22 2. The fund shall consist of all of the following: 6 23 a. Moneys appropriated by the general assembly. 6 24 b. Moneys available to and obtained or accepted by the 6 25 department from the federal government or private sources for 6 26 placement in the fund. 6 27 c. Fees paid to the department of revenue and finance that 6 28 have been collected by county auditors for deposit into the 6 29 fund pursuant to section 331.507. 6 30 3. Moneys in the fund shall be used exclusively for the 6 31 following purposes: 6 32 a. First, to pay for the costs of administration of this 6 33 chapter by the department. 6 34 b. Second, to reimburse local strategic development 6 35 committees for preparing strategic development plans as 7 1 provided in section 6C.8. 7 2 c. Finally, to the extent that moneys are remaining, the 7 3 moneys may be used to reimburse Iowa state university of 7 4 science and technology and counties for costs associated with 7 5 preparing permanent land use and natural resource inventories 7 6 as provided in sections 352.4 and 352.5. 7 7 4. The treasurer of state shall act as custodian of the 7 8 fund. The treasurer of state is authorized to invest the 7 9 moneys deposited in the fund. Notwithstanding section 12C.7, 7 10 subsection 2, the income from such investment shall be 7 11 credited to and deposited in the fund. Notwithstanding 7 12 section 8.33, moneys in the fund are not subject to reversion 7 13 to the general fund of the state. The fund shall be 7 14 administered by the department which shall make expenditures 7 15 from the fund consistent with the purposes set out in this 7 16 section. The moneys in the fund shall be disbursed upon 7 17 warrants drawn by the director of revenue and finance pursuant 7 18 to the order of the board. The fiscal year of the fund begins 7 19 July 1. The finances of the fund shall be calculated on an 7 20 accrual basis in accordance with generally accepted accounting 7 21 principles. The auditor of state shall regularly perform 7 22 audits of the fund. 7 23 Sec. 8. NEW SECTION. 6C.8 REIMBURSEMENT OF LOCAL 7 24 GOVERNMENTS FOR PREPARATION OF PLANS. 7 25 1. a. Claims against the fund to reimburse local 7 26 strategic development committees for costs associated with 7 27 preparing strategic development plans under chapter 366 shall 7 28 be filed with the board. 7 29 b. The board may approve a claim against the fund to 7 30 reimburse Iowa state university of science and technology or 7 31 counties for costs associated with preparing land use and 7 32 natural resource inventories under sections 352.4 and 352.5. 7 33 2. a. Except as provided in paragraph "b", a claim is 7 34 eligible to be paid if all of the following apply: 7 35 (1) The claim is made in a manner and according to 8 1 procedures required in this section and established by the 8 2 board. 8 3 (2) The claim is complete and accurate. 8 4 (3) There are sufficient moneys in the fund in order to 8 5 satisfy the claim. 8 6 b. The board is not required to consider a claim for 8 7 reimbursement of costs incurred in preparing a strategic 8 8 development plan until the plan is filed with the board. 8 9 3. a. The board shall reimburse a committee as follows: 8 10 (1) For a local strategic development committee 8 11 representing a county having a population of less than fifteen 8 12 thousand, the local strategic development committee shall 8 13 receive five thousand dollars. 8 14 (2) For a local strategic development committee 8 15 representing a county having a population of fifteen thousand 8 16 but less than thirty thousand, the local strategic development 8 17 committee shall receive seven thousand five hundred dollars. 8 18 (3) For a committee representing a county having a 8 19 population of thirty thousand or more, the committee shall 8 20 receive ten thousand dollars. 8 21 b. A local strategic development committee shall reimburse 8 22 participating local governments for contributing to the 8 23 preparation of strategic development plans as provided by the 8 24 local strategic development committee. 8 25 4. If at any time the board determines that insufficient 8 26 moneys are available in the fund to make payment of all claims 8 27 for preparing strategic development plans, the department 8 28 shall pay claims according to the date that the claims are 8 29 received by the department. To the extent that a claim cannot 8 30 be fully satisfied, the department shall order that the unpaid 8 31 portion of the payment be deferred until the claim can be 8 32 satisfied. 8 33 Sec. 9. NEW SECTION. 6C.9 STATE STRATEGIC DEVELOPMENT 8 34 COUNCIL. 8 35 1. A state strategic development council is created as the 9 1 state's principal agency overseeing planning by state agencies 9 2 involved in major public projects. The purpose of the council 9 3 is to ensure that development by state agencies is 9 4 coordinated, including through the adoption of a state 9 5 strategic development plan as provided in section 6C.12. 9 6 2. The council shall be composed of all of the following 9 7 persons: 9 8 a. The governor or the governor's designee who shall serve 9 9 as the chairperson of the council. 9 10 b. The director of the department of economic development 9 11 or a designee. 9 12 c. The director of the department of natural resources or 9 13 a designee. 9 14 d. The director of transportation or a designee. 9 15 e. The director of the department of corrections or a 9 16 designee. 9 17 f. The director of the department of general services or a 9 18 designee. 9 19 g. The secretary of agriculture or a designee. 9 20 h. The state historic preservation officer appointed by 9 21 the director of the department of cultural affairs. 9 22 i. A designee appointed by the state board of regents as 9 23 provided for in chapter 262. The member shall be appointed 9 24 from the university of Iowa, Iowa state university of science 9 25 and technology, and the university of northern Iowa on a 9 26 rotating basis. Each appointee shall serve one term prior to 9 27 replacement. A member appointed under this paragraph shall be 9 28 an expert in issues relating to land use planning. 9 29 j. Four members of the general assembly, who shall serve 9 30 as nonvoting, ex officio members. The members shall include 9 31 two members of the senate appointed by the president of the 9 32 senate, after consultation with the majority leader and the 9 33 minority leader of the senate, and two members of the house of 9 34 representatives appointed by the speaker of the house, after 9 35 consultation with the majority leader and the minority leader 10 1 of the house. The legislative members shall be appointed upon 10 2 the convening and for the period of each general assembly. 10 3 Not more than one member from each house shall be of the same 10 4 political party. 10 5 3. The department of economic development shall provide 10 6 office space and staff assistance, and shall budget funds to 10 7 cover expenses of the council. The office of attorney general 10 8 shall provide legal counsel to the council. 10 9 4. Except as otherwise provided, the council shall meet on 10 10 a regular basis and at the call of the chairperson or upon the 10 11 written request to the chairperson of two or more members. 10 12 5. A majority of voting members appointed to the council 10 13 constitute a quorum and the affirmative vote of a majority of 10 14 the voting members appointed is necessary for any substantive 10 15 action to be taken by the council, except that a lesser number 10 16 may adjourn a meeting. The majority shall not include any 10 17 member who has a conflict of interest and a statement by a 10 18 member that the member has a conflict of interest is 10 19 conclusive for this purpose. A vacancy in the membership does 10 20 not impair the right of a quorum to exercise all rights and 10 21 perform all duties of the council. 10 22 6. A vacancy on the council shall be filled in the same 10 23 manner as an original appointment. A person appointed to fill 10 24 a vacancy shall serve only for the unexpired portion of the 10 25 term. Except as provided in this subchapter, a member is 10 26 eligible for reappointment. 10 27 7. Members of the council, other than a state officer or 10 28 employee, are entitled to receive a per diem as specified in 10 29 section 7E.6 for each day spent in performance of duties as 10 30 members, and shall be reimbursed for all actual and necessary 10 31 expenses incurred in the performance of duties as members. 10 32 Sec. 10. NEW SECTION. 6C.10 COUNCIL POWERS AND 10 33 DUTIES. 10 34 1. The purpose of the council is to ensure that 10 35 development by state agencies is coordinated, including 11 1 through the adoption of a state strategic development plan as 11 2 provided in section 6C.12. 11 3 2. The council shall adopt rules pursuant to chapter 17A 11 4 which are necessary to administer its duties under this 11 5 chapter. 11 6 Sec. 11. NEW SECTION. 6C.11 STATE AGENCY PLANNING 11 7 CONSULTATION DURING MAJOR PUBLIC PROJECTS. 11 8 1. The council shall meet regularly and its members shall 11 9 consult with a state agency when a state agency is engaged in 11 10 a major public project. The state agency must consult with 11 11 the council during regularly scheduled meetings conducted 11 12 throughout the planning stages of the major public project. 11 13 2. A state agency shall not begin construction of a major 11 14 public project prior to consulting with the council as 11 15 provided in section 6C.12, subsection 2. 11 16 3. In reviewing a major public project, the council shall 11 17 to every extent practical ensure that the missions, policies, 11 18 and goals of affected member agencies are not negatively 11 19 impacted. The major public project shall be planned and 11 20 constructed consistent with the state strategic development 11 21 plan as required by section 6C.12. 11 22 Sec. 12. NEW SECTION. 6C.12 STATE STRATEGIC DEVELOPMENT 11 23 PLAN. 11 24 1. a. The council shall establish, maintain, and revise a 11 25 state strategic development plan which shall be implemented by 11 26 state agencies as provided in this section. State agencies 11 27 shall consult with the council regarding major public 11 28 projects. The council may adopt rules which exempt major 11 29 public projects from the requirements of this section, to the 11 30 extent that the council determines that compliance with the 11 31 state strategic development plan or consultation with the 11 32 council is inconsistent with or unnecessary to carry out the 11 33 purposes of this chapter as provided in section 6C.2. 11 34 b. The state plan shall include development standards and 11 35 practices that ensure that development conducted by state 12 1 agencies carries out the purposes of this chapter as provided 12 2 in section 6C.2, the requirements of this chapter, and 12 3 relevant strategic development plans. Each state agency shall 12 4 adopt policies governing development, including planning and 12 5 construction of projects, which implement development 12 6 standards and practices as required in the state strategic 12 7 development plan. 12 8 2. a. A state agency shall not begin construction of a 12 9 major public project unless the state agency consults with 12 10 member agencies during a council meeting. The state agency 12 11 proposing construction shall submit a plan of development to 12 12 the council for consideration. The plan shall summarize the 12 13 major public project and explain how the major public project 12 14 complies with the requirements of the state strategic 12 15 development plan and any applicable strategic development plan 12 16 governing the area where the major public project is proposed 12 17 to be developed. The state agency shall regularly inform the 12 18 council of the progress of the major public project during the 12 19 course of its construction. 12 20 b. Any concern about or objection to the planning or 12 21 construction of a major public project expressed by a member 12 22 agency or the council shall be noted in the minutes of the 12 23 council. This section does not authorize the council to 12 24 disapprove a plan for development or alter construction of the 12 25 major public project. 12 26 3. The council shall approve an initial state strategic 12 27 development plan by July 1, 2001. 12 28 Sec. 13. NEW SECTION. 6C.13 OVERSIGHT. 12 29 1. The council shall report to the land management 12 30 planning board as required by the board. 12 31 2. The council shall report to the committee of the 12 32 general assembly which is primarily responsible for 12 33 legislative oversight of state agencies, as required, by the 12 34 committee. The council shall do all of the following: 12 35 a. Present information to the committee as requested by 13 1 the committee. 13 2 b. Notify the committee of the planning stages of a major 13 3 public project initiated by a member agency, including any 13 4 comments or objections of the council or a member agency. 13 5 c. Submit a copy of its state strategic development plan 13 6 and any amendments to or revisions of the plan with the 13 7 committee. 13 8 DIVISION II 13 9 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING 13 10 Sec. 14. Section 352.2, Code 1999, is amended by adding 13 11 the following new subsection: 13 12 NEW SUBSECTION. 3A. "Extra-urban development" means 13 13 development of land for a use, which creates densities and 13 14 uses within a territory which is not designated for that type 13 15 of use according to a strategic development plan required to 13 16 be adopted by a local government as provided in this chapter. 13 17 However, "extra-urban development" does not include 13 18 development which is part of any of the following: 13 19 a. A farm operation, including any related structure which 13 20 is constructed or installed, or any use or practice which is 13 21 implemented involving a farm operation, including a residence 13 22 constructed for occupation by a person engaged in a farm 13 23 operation. 13 24 b. The construction, installation, improvement, or 13 25 maintenance of basic improvements. 13 26 c. The preservation of natural and historic or cultural 13 27 areas, the development of recreational areas, or the 13 28 protection of natural and historic resources and fragile 13 29 ecosystems of this state including forests, wetlands, rivers, 13 30 streams, lakes and their shorelines, aquifers, prairies, and 13 31 recreational areas. 13 32 d. Development occurring on land which has been platted 13 33 prior to the effective date of this Act. 13 34 Sec. 15. Section 352.4, Code 1999, is amended by striking 13 35 the section and inserting in lieu thereof the following: 14 1 352.4 IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 14 2 REPOSITORY STUDY AND REPORT. 14 3 To the extent that moneys are appropriated and data is 14 4 available, Iowa state university of science and technology 14 5 shall do all of the following: 14 6 1. Serve as the repository of permanent land use and 14 7 natural resources inventories completed pursuant to section 14 8 352.5. The university shall provide for computer access of 14 9 these inventories by the department of economic development 14 10 for use by the state strategic development council or land 14 11 management planning board created in chapter 6C. 14 12 2. Study the extent to which land in Iowa is being 14 13 converted from agricultural use to residential, commercial, 14 14 industrial, or public uses, including recreational areas, 14 15 natural areas, and public facilities and basic improvements. 14 16 a. At least every two years, the university shall prepare 14 17 a report that includes all of the following: 14 18 (1) A description of counties that have a farmland 14 19 protection program or strategies in place, including the use 14 20 of zoning, or a farmland preservation ordinance adopted 14 21 pursuant to chapter 335 or programs such as conservation 14 22 easements. 14 23 (2) A description of land use changes in each county, 14 24 which may include an analysis of data collected by the 14 25 department of revenue and finance. The report to every extent 14 26 practical shall identify changes in the use or classification 14 27 of use for parcels of land, including from an agricultural 14 28 class to a nonagricultural class. 14 29 (3) An assessment of the productive quality of soil of 14 30 farmland converted to another use. The assessment of the soil 14 31 may be by using crop yields, corn suitability ratings, or 14 32 classifications by the United States department of 14 33 agriculture. 14 34 (4) An evaluation of urban growth patterns throughout the 14 35 state, including areas of extra-urban development. 15 1 b. The report shall be delivered to the governor, the 15 2 general assembly, and the department of economic development 15 3 not later than September 1 of each reporting year. 15 4 3. Iowa state university of science and technology shall 15 5 provide technical advice to the land management planning board 15 6 in adopting rules necessary for counties to implement a 15 7 permanent land use and natural resources inventory system as 15 8 required pursuant to section 352.5. The rules shall provide 15 9 for implementation according to a schedule adopted by the land 15 10 management planning board in cooperation with Iowa state 15 11 university of science and technology. The university shall 15 12 provide technical assistance to counties in completing the 15 13 system according to a schedule established by the university 15 14 in cooperation with the land management planning board. 15 15 Sec. 16. Section 352.5, Code 1999, is amended by striking 15 16 the section and inserting the following: 15 17 352.5 PERMANENT LAND USE AND NATURAL RESOURCES INVENTORY 15 18 SYSTEM. 15 19 1. Counties shall establish a permanent land use and 15 20 natural resources inventory system. The system shall assess 15 21 and categorize land uses, the productive quality of farmland 15 22 soil, and the changes in use or classifications for use of the 15 23 land. 15 24 a. The data shall be systematically collected by the 15 25 county, subject to all of the following: 15 26 (1) Whenever possible, the data shall be enhanced by 15 27 aerial imagery. 15 28 (2) The data shall be converted to or entered in a digital 15 29 format capable of access by computer systems. 15 30 (3) The data shall be structured in a uniform manner that 15 31 allows comparisons between counties. 15 32 (4) To every extent practical, the system shall include 15 33 any data collected for county land use inventories pursuant to 15 34 1982 Iowa Acts, chapter 1245. 15 35 b. The system shall provide for the regular update of 16 1 data, but not less than every five years. 16 2 c. The county land preservation and use commission shall 16 3 administer this section, as provided by the county board of 16 4 supervisors. 16 5 2. All counties shall have a system implemented by June 16 6 30, 2003. However, a county shall not be required to appoint 16 7 a commission or implement a system until the state 16 8 appropriates moneys to the county for implementation. 16 9 Sec. 17. NEW SECTION. 366.1 SHORT DESCRIPTION. 16 10 A strategic development plan shall integrate the planning 16 11 functions of the local government, including the planning of 16 12 basic improvements and the provision of public benefits and 16 13 services. 16 14 Sec. 18. NEW SECTION. 366.2 DEFINITIONS. 16 15 1. "Basic improvement" means the development of land for 16 16 any of the following: 16 17 a. A utility, including telephone or other communication 16 18 lines, city utility as defined in section 362.2, public 16 19 utility as defined in section 476.1, or pipeline providing or 16 20 transporting gas, water, wastewater, or sewer service. 16 21 b. A thoroughfare, such as a road or street as defined in 16 22 section 306.3. 16 23 2. "Board" means the land management planning board 16 24 established in section 6C.5. 16 25 3. "Farmland" means farmland as that term is defined in 16 26 section 352.2. 16 27 4. "Local legislation" means any ordinance, resolution, 16 28 motion, amendment, or regulation adopted by a local 16 29 government, which has the force and effect of law. 16 30 5. "Planned territory" means territory that is governed or 16 31 proposed to be governed by a strategic development plan. 16 32 6. "Public benefits and services" means benefits and 16 33 services provided by a local government to persons residing 16 34 within the jurisdiction of the local government, regardless of 16 35 whether the benefits and services are provided directly or by 17 1 another person under contract with the local government, 17 2 including providing for the health and safety, education, or 17 3 transportation of the public. A public benefit and service 17 4 includes but is not limited to fire protection and 17 5 suppression, law enforcement, the collection and disposal of 17 6 refuse, the delivery of public water and sewer facilities, and 17 7 ambulance or emergency care. 17 8 7. "Regional development authority" means a council of 17 9 governments established pursuant to chapter 28H or a joint 17 10 planning commission established pursuant to chapter 28I. 17 11 Sec. 19. NEW SECTION. 366.3 PURPOSES. 17 12 1. A strategic development plan shall carry out the 17 13 purposes of this chapter and the requirements of this chapter. 17 14 2. The purpose of a strategic development plan is to 17 15 direct the coordinated, efficient, and orderly development of 17 16 local governments and their environs that will, based on an 17 17 analysis of present and future needs, best promote the public 17 18 health, safety, morals, and general welfare. The goals and 17 19 objectives of a strategic development plan include the 17 20 following: 17 21 a. Providing a unified physical design for the development 17 22 of the local community. 17 23 b. Encouraging a pattern of compact and contiguous high- 17 24 density development to be guided into appropriate areas. 17 25 c. Establishing an acceptable and consistent level of 17 26 public benefits and services and ensuring timely provision of 17 27 those public benefits and services. 17 28 d. Promoting the adequate provision of employment 17 29 opportunities and the economic health of the local 17 30 governments. 17 31 e. Conserving features of significant statewide or 17 32 regional architectural, cultural, historical, or 17 33 archaeological interest. 17 34 f. Protecting life and property from the effects of 17 35 natural hazards and natural disasters, such as flooding, 18 1 winds, and wildfires. 18 2 g. Taking into consideration such other matters that may 18 3 be logically related to or form an integral part of a plan for 18 4 the coordinated, efficient, and orderly development of the 18 5 local communities. 18 6 h. Providing for a variety of housing choices and assuring 18 7 affordable housing for future population growth. 18 8 i. Identifying and protecting farmland, natural areas, 18 9 environmentally sensitive land, historical or cultural areas, 18 10 and critical areas of local or statewide concern. 18 11 j. Preventing the occurrence of urban sprawl, including 18 12 the economic, environmental, and social costs that accompany 18 13 urban sprawl, and by encouraging infill development and 18 14 redevelopment of existing urban sites. 18 15 k. Allowing local governments to plan for development in a 18 16 comprehensive, orderly, and cooperative manner. 18 17 l. Ensuring that adequate basic improvements and public 18 18 benefits and services are provided concurrently with 18 19 development. 18 20 Sec. 20. NEW SECTION. 366.4 LOCAL STRATEGIC DEVELOPMENT 18 21 COMMITTEE. 18 22 1. On or before October 1, 2000, a local strategic 18 23 development committee is created within each county which 18 24 shall be composed of the following members: 18 25 a. A member of the county board of supervisors appointed 18 26 by the county board of supervisors. 18 27 b. The mayor of each participating city as provided in 18 28 this section or the mayor's designee as confirmed by the city 18 29 council. 18 30 c. One member appointed by the board of directors of the 18 31 county's soil conservation district or districts, who shall 18 32 represent agricultural interests. 18 33 d. Two members appointed by the county board of 18 34 supervisors and one member appointed by the mayor of each of 18 35 the two largest participating cities, to assure broad 19 1 representation of agricultural, environmental, construction, 19 2 educational, and homeowner interests. 19 3 e. The mayor of each city which adjoins the county, if the 19 4 city council adopts a resolution declaring that it elects to 19 5 be a participant to the creation of the strategic development 19 6 plan. The mayor shall serve as a nonvoting, ex officio member 19 7 of the committee. 19 8 2. a. A city may be excused from voting membership on the 19 9 strategic development committee if the city council adopts a 19 10 resolution declaring that it elects not to participate in 19 11 creating the plan. The city's resolution shall become part of 19 12 the strategic development plan. If a city adopts such a 19 13 resolution, the city shall not exercise jurisdiction within 19 14 its extraterritorial area including as provided in section 19 15 414.23. 19 16 b. A city shall not be eligible for voting membership on 19 17 the committee if the city is completely surrounded by one or 19 18 more cities, or by one or more cities and the boundaries of 19 19 another state. The corporate limits of the surrounded city 19 20 shall constitute the boundaries of the city's strategic 19 21 development area and such city shall not be eligible to ratify 19 22 or reject the recommended strategic development plan as 19 23 provided in section 366.6. 19 24 Sec. 21. NEW SECTION. 366.5 STRATEGIC DEVELOPMENT PLAN. 19 25 1. A strategic development plan shall govern a strategic 19 26 development area designated within a county as provided in 19 27 this section in order to organize the manner and location of 19 28 future development in a way that carries out the purposes of 19 29 this chapter as provided in section 6C.2 and the purposes of a 19 30 strategic development plan as provided in section 366.3. A 19 31 strategic development plan shall govern a strategic 19 32 preservation area if created in the plan in order to preserve 19 33 prime agricultural land for agricultural production, or 19 34 natural, cultural, or historical areas. 19 35 a. The participants to creation of the strategic 20 1 development plan shall be all of the following: 20 2 (1) The county. 20 3 (2) All cities as provided in section 366.4 which are 20 4 located in the county. 20 5 b. A city that adjoins the county may serve as a 20 6 nonvoting, ex officio member of the committee. 20 7 2. A strategic development plan may rely upon a 20 8 comprehensive plan adopted pursuant to section 335.5 or 20 9 section 414.3, to the extent that the comprehensive plan 20 10 complies with this chapter. 20 11 3. A strategic development plan approved pursuant to this 20 12 chapter shall be the basis for the comprehensive plan of each 20 13 county required pursuant to section 335.5, if the county has 20 14 adopted a zoning ordinance, and for the comprehensive plan of 20 15 each city in the county required pursuant to section 414.3. 20 16 The county and each city shall amend its comprehensive plan as 20 17 necessary to conform to the strategic development plan. 20 18 4. A county and cities are encouraged to continue to plan 20 19 for development and land use jointly and to use the strategic 20 20 development plan as a basis for subsequent joint planning. 20 21 5. A strategic development plan shall include, at a 20 22 minimum, documents describing and depicting the corporate 20 23 limits of each city in the county and the boundaries of each 20 24 strategic development area and each strategic preservation 20 25 area. The strategic development plan may address issues of 20 26 mutual interest, including issues relating to basic 20 27 improvements, improvements paid for with public funds, and 20 28 public benefits and services, economic development, housing, 20 29 and recreation. 20 30 a. A strategic development plan may establish one or more 20 31 strategic development areas. 20 32 (1) In establishing a strategic development area, the plan 20 33 shall do all of the following: 20 34 (a) Identify territory that is reasonably compact yet 20 35 sufficiently large to accommodate residential and 21 1 nonresidential growth projected to occur during the next 21 2 twenty years. 21 3 (b) Identify territory that is contiguous to the existing 21 4 boundaries of a city. 21 5 (c) Identify territory that a reasonable and prudent 21 6 person would project as the likely site of high-density 21 7 commercial, industrial, or residential growth over the next 21 8 twenty years based on historical experience, economic trends, 21 9 population growth patterns, topographical characteristics, and 21 10 any professional planning, engineering, and economic studies 21 11 that are available. The city shall report population growth 21 12 projections for the city based upon state and federal census 21 13 data. 21 14 (2) A strategic development area shall not contain any 21 15 agricultural land which has a corn suitability rating of sixty 21 16 or higher, according to information released by Iowa state 21 17 university to the department of revenue and finance for 21 18 purposes of determining the productivity formula for 21 19 assessment and taxation of agricultural land, unless there is 21 20 a showing by the local strategic development committee created 21 21 pursuant to section 366.4, that the land is necessary for the 21 22 orderly development of the strategic development area. 21 23 b. A strategic development plan may establish one or more 21 24 strategic preservation areas. In establishing a strategic 21 25 preservation area, the plan shall identify territory to be 21 26 preserved for the next twenty years for agricultural purposes, 21 27 forests, recreational areas, wildlife management areas, 21 28 cultural areas, historical areas, or other areas planned for 21 29 preservation. 21 30 Sec. 22. NEW SECTION. 366.6 LOCAL GOVERNMENT ADOPTION OF 21 31 STRATEGIC DEVELOPMENT PLAN. 21 32 1. The local strategic development committee shall 21 33 recommend a strategic development plan that conforms with 21 34 section 366.3. 21 35 2. When designating that part of a strategic development 22 1 area contiguous to a city, the committee shall identify, and 22 2 give consideration to, the amount of territory within the 22 3 current incorporated boundaries of the city that is vacant or 22 4 undeveloped land. 22 5 3. The committee shall conduct a review of existing 22 6 comprehensive plans governing a proposed strategic development 22 7 area or proposed strategic preservation area. The committee 22 8 shall consider proposed strategic development plans submitted 22 9 by a nonvoting, ex officio member serving on the committee as 22 10 provided in section 366.4. 22 11 4. The committee shall utilize planning resources that are 22 12 available within the county, including city and county 22 13 planning commissions and zoning administrators. The committee 22 14 is also encouraged to utilize the services of a regional 22 15 development authority, Iowa state university of science and 22 16 technology, the university of Iowa, and the university of 22 17 northern Iowa. 22 18 5. Prior to final approval of the recommended strategic 22 19 development plan by the committee, the committee shall hold at 22 20 least one public hearing on the proposed recommended strategic 22 21 development plan. The county auditor shall give at least 22 22 thirty days' notice of the time, place, and purpose of the 22 23 public hearing by notice published in a newspaper of general 22 24 circulation in the county. 22 25 6. Not later than January 1, 2002, the committee shall 22 26 submit the recommended strategic development plan to the 22 27 county board of supervisors and the city council of each city 22 28 with a voting member on the committee for ratification. 22 29 a. Not later than one hundred twenty days after receiving 22 30 the recommended strategic development plan, the county board 22 31 of supervisors and the city councils shall adopt a resolution 22 32 to either ratify or reject the recommended strategic 22 33 development plan. A city or county that fails to timely act 22 34 on the resolution shall be deemed to have ratified the 22 35 recommended strategic development plan on the last day of the 23 1 one-hundred-twenty-day period. If the strategic development 23 2 plan is ratified, the committee shall file and record the plan 23 3 as provided in section 366.9. 23 4 b. If the county board of supervisors or the city councils 23 5 reject the recommended strategic development plan submitted by 23 6 the committee, the county or city shall submit its objections 23 7 to the plan, as provided by the committee. After receiving 23 8 objections to the plan, the committee may recommend a revised 23 9 strategic development plan. The committee shall submit any 23 10 revised strategic development plan for ratification to the 23 11 county board of supervisors and the city council of each city 23 12 with a voting member on the committee. 23 13 Not later than one hundred twenty days after receiving a 23 14 revised recommended strategic development plan, the county 23 15 board of supervisors and city councils shall either ratify or 23 16 reject the revised recommended strategic development plan in 23 17 the same manner as provided in paragraph "a". A city or 23 18 county that fails to timely act on a resolution shall be 23 19 deemed to have ratified the recommended strategic development 23 20 plan on the last day of the one-hundred-twenty-day period. 23 21 7. If the plan has been rejected by a city or county, the 23 22 committee shall submit the original recommended strategic 23 23 development plan and the revised strategic development plan to 23 24 the land management planning board as provided in section 23 25 366.7. 23 26 Sec. 23. NEW SECTION. 366.7 DISPUTE RESOLUTION. 23 27 1. If a recommended strategic development plan or a 23 28 revised strategic development plan is rejected pursuant to 23 29 section 366.6, the committee shall submit each of the 23 30 considered plans to the land management planning board for 23 31 resolution of the matter. The board shall conduct a hearing 23 32 according to rules of procedure adopted by the board which may 23 33 be the same as provided for a contested case proceeding under 23 34 chapter 17A. At that hearing, persons may appear to propose 23 35 revisions to the plans or to state objections to the plans. 24 1 The board shall review the strategic development plans 24 2 submitted to the committee and shall resolve the dispute by 24 3 approving one of the strategic development plans submitted 24 4 based on the extent to which the plan furthers the purposes of 24 5 chapter 6C and the purposes of the strategic development plan 24 6 as provided in section 366.3. 24 7 2. The land management planning board shall submit to the 24 8 county auditor the strategic development plan approved by the 24 9 board for consideration by the county supervisors and for 24 10 distribution by the county auditor to the city council of each 24 11 city in the county and each city adjoining the county that has 24 12 appointed a member to serve as a nonvoting, ex officio member 24 13 of the local strategic development committee. Such entities 24 14 shall be provided a reasonable time to consider the proposed 24 15 strategic development plan as required by the board. 24 16 The proposed strategic development plan must be approved by 24 17 resolution by the board of supervisors in the county and the 24 18 city council of each city that has a voting member on the 24 19 committee. 24 20 The board of supervisors for the county shall notify the 24 21 land management planning board of the ratification or 24 22 rejection of the proposed strategic development plan in a 24 23 manner required by the land management planning board. If 24 24 notice of rejection is submitted to the land management 24 25 planning board, the notice shall be accompanied by final 24 26 recommendations for the proposed strategic development plan 24 27 which have been approved by all of the city councils and the 24 28 board of supervisors voting on the proposed plan. The land 24 29 management planning board shall adopt the proposed plan with 24 30 the approved revisions as the final approved strategic 24 31 development plan. The committee shall file and record the 24 32 final approved plan as provided in section 366.9. 24 33 Not later than July 1, 2002, the land management planning 24 34 board shall have approved strategic development plans 24 35 submitted to the board for dispute resolution. 25 1 Sec. 24. NEW SECTION. 366.8 JOINT DEVELOPMENT PLAN 25 2 APPROVED BY THE BOARD. 25 3 After a strategic development plan is ratified or approved, 25 4 the participating local governments and any city adjoining the 25 5 county that appointed a member to serve on the local strategic 25 6 development committee shall prepare a joint development plan 25 7 for managing future development within the area in a manner 25 8 consistent with the purposes of this chapter and the strategic 25 9 development plan ratified or adopted pursuant to this section. 25 10 The joint development plan shall describe development planned 25 11 for the strategic development area, including proposed zoning 25 12 classifications, the location of public buildings, and the 25 13 provision of public benefits and services and public 25 14 improvements. The joint development plan may be executed as 25 15 an agreement under chapter 28E. 25 16 Sec. 25. NEW SECTION. 366.9 RECORDING AND FILING OF 25 17 STRATEGIC DEVELOPMENT PLAN. 25 18 No later than five days after a strategic development plan 25 19 has been finally ratified as provided in section 366.6 or 25 20 after it has been approved by the land management planning 25 21 board as provided in section 366.8, the local strategic 25 22 development committee shall record a copy of the plan in the 25 23 office of county recorder. The plan shall become effective 25 24 upon its recording with the county recorder. 25 25 All ratified or approved strategic development plans must 25 26 be filed with the land management planning board. 25 27 Sec. 26. NEW SECTION. 366.10 EFFECTIVENESS. 25 28 After a strategic development plan has been recorded with 25 29 the county recorder, the plan shall remain in effect for not 25 30 less than five years absent a showing of extraordinary 25 31 circumstances necessitating a change in the plan. After 25 32 expiration of the five-year period, the county or a member 25 33 city may propose an amendment to the strategic development 25 34 plan or may propose a review of the plan by filing notice with 25 35 the county board of supervisors for the county, the city 26 1 council of each city in the county, and any other member city. 26 2 Upon receipt of such notice by the county and each member 26 3 city, the county board of supervisors shall promptly reconvene 26 4 the local strategic planning committee. The burden of proving 26 5 the reasonableness of a proposed amendment to the plan shall 26 6 be upon the party proposing the amendment. The procedures for 26 7 amending the strategic development plan shall be the same as 26 8 the procedures set forth in this chapter for establishing the 26 9 original strategic development plan. 26 10 Sec. 27. NEW SECTION. 366.11 APPEAL JUDICIAL REVIEW. 26 11 1. The affected county, an affected participating city, a 26 12 resident of such county, or an owner of real property located 26 13 within such county may appeal a decision of the land 26 14 management planning board relating to the strategic 26 15 development plan presented to the board for its approval. A 26 16 resident of the affected county or an owner of real property 26 17 located within such county may appeal the local governments' 26 18 final ratification of a plan. The judicial review provisions 26 19 of this section and chapter 17A shall be the exclusive means 26 20 by which a person or party who is aggrieved or adversely 26 21 affected by action of the board, county, or a city may seek 26 22 judicial review of that board action. 26 23 2. Appeal must be filed within sixty days after the 26 24 strategic development plan is recorded with the county 26 25 recorder. In accordance with the Iowa rules of civil 26 26 procedure pertaining to service of process, copies of the 26 27 petition shall be served upon the land management planning 26 28 board, the county, and each city located in the county. 26 29 3. The court's review on appeal of a decision is limited 26 30 to questions relating to jurisdiction, regularity of 26 31 proceedings, and whether the decision appealed from is, by a 26 32 preponderance of the evidence, arbitrary, unreasonable, or 26 33 without substantial supporting evidence. The court may 26 34 reverse and remand a decision of the board with appropriate 26 35 directions to the county and the participating cities in order 27 1 to identify and obtain adoption or approval of a growth plan 27 2 in conformance with the procedures set forth in this part. 27 3 4. The filing of a petition for review does not stay the 27 4 effectiveness of the strategic development plan or recognition 27 5 of strategic development areas and strategic preservation 27 6 areas identified in the plan. However, the court may order a 27 7 stay upon appropriate terms if it is shown to the satisfaction 27 8 of the court that any party or the public at large is likely 27 9 to suffer significant injury if a stay is not granted. If 27 10 more than one petition for review regarding a single board 27 11 decision is filed, all such petitions shall be consolidated 27 12 and tried as a single civil action. 27 13 5. The following portions of section 17A.19 are not 27 14 applicable to this chapter: 27 15 a. The portion of subsection 2 relating to where 27 16 proceedings for judicial review shall be instituted. 27 17 b. Subsection 5. 27 18 c. Subsection 8. 27 19 d. Subsections 10 through 12. 27 20 Sec. 28. NEW SECTION. 366.12 LOCAL LEGISLATION. 27 21 1. A city or county may adopt local legislation regulating 27 22 development within its territory in order to carry out the 27 23 purposes of this chapter that is consistent with the strategic 27 24 development plan governing the territory. A city or county 27 25 shall cooperate with any other city or county, which is a 27 26 party to a strategic development plan in adopting local 27 27 legislation regulating development within a strategic 27 28 development area or a strategic preservation area. The local 27 29 legislation may provide for all of the following: 27 30 a. Defraying development costs incurred by the local 27 31 government to the extent determined appropriate by the local 27 32 government. The local legislation may provide for financing 27 33 the construction of basic improvements and the delivery of 27 34 public benefits and services to its territory, including the 27 35 imposition of any impact fees to defray the costs of providing 28 1 off-site or adjacent basic improvements or public benefits and 28 2 services. 28 3 b. Providing for the establishment of conservation 28 4 easements; the acquisition of development rights, including 28 5 the purchase of development rights or the transfer of 28 6 development rights; and development standards. 28 7 2. A local government is under no obligation to provide 28 8 public benefits and services for development that do not 28 9 conform to the local government's strategic development plan. 28 10 Sec. 29. NEW SECTION. 366.13 REGIONAL DEVELOPMENT 28 11 AUTHORITIES. 28 12 A regional development authority shall not provide 28 13 development assistance, including planning, investigations, or 28 14 studies, that is inconsistent with a strategic development 28 15 plan for the area served by the regional development 28 16 authority. 28 17 DIVISION III 28 18 CITY DEVELOPMENT 28 19 Sec. 30. Section 368.1, subsection 3, Code 1999, is 28 20 amended to read as follows: 28 21 3. "Board" means thecity developmentland management 28 22 planning board established in section368.96C.5. 28 23 Sec. 31. Section 368.1, subsection 6, Code 1999, is 28 24 amended to read as follows: 28 25 6. "Committee" means the board members, and the local 28 26 representatives appointed as provided insectionssection 28 27 368.14and 368.14A, to hear and make a decision on a petition 28 28 or plan for city development. 28 29 Sec. 32. Section 368.1, Code 1999, is amended by adding 28 30 the following new subsections: 28 31 NEW SUBSECTION. 10A. "Municipal services" means benefits 28 32 and services provided by a local government to persons 28 33 residing within the jurisdiction of the local government, 28 34 regardless of whether the benefits and services are provided 28 35 directly or by another person under contract with the local 29 1 government, including providing for the health and safety, 29 2 education, or transportation of the public. Municipal 29 3 services include, but are not limited to, fire protection and 29 4 suppression, law enforcement, the collection and disposal of 29 5 refuse, the delivery of public water and sewer facilities, and 29 6 ambulance or emergency care. 29 7 NEW SUBSECTION. 11A. "Regional development authority" 29 8 means a council of governments established pursuant to chapter 29 9 28H or a joint planning commission established pursuant to 29 10 chapter 28I. 29 11 Sec. 33. Section 368.6, Code 1999, is amended by striking 29 12 the section and inserting in lieu thereof the following: 29 13 368.6 PURPOSE. 29 14 The purpose of this chapter is to establish a process for 29 15 the approval of a petition for city development which is 29 16 consistent with a strategic development plan governing the 29 17 territory and which considers the desire of the residents of 29 18 the territory subject to a boundary change and the interests 29 19 of the residents of all territories affected by city 29 20 development. 29 21 Sec. 34. Section 368.7, subsection 4, unnumbered paragraph 29 22 2, Code 1999, is amended by striking the paragraph. 29 23 Sec. 35. Section 368.7A, subsection 1, Code 1999, is 29 24 amended to read as follows: 29 25 1. The board of supervisors of each affected county shall 29 26 notify thecity developmentland management planning board of 29 27 the existence of that portion of any secondary road which 29 28 extends to the center line but has not become part of the city 29 29 by annexation and has a common boundary with a city. The 29 30 notification shall include a legal description and a map 29 31 identifying the location of the secondary road. Thecity29 32developmentland management planning board shall provide 29 33 notice and an opportunity to be heard to each city in or next 29 34 to which the secondary road is located. Thecity development29 35 land management planning board shall certify that the 30 1 notification is correct and declare the road, or portion of 30 2 the road extending to the center line, annexed to the city as 30 3 of the date of certification. This section is not intended to 30 4 interfere with or modify existing chapter 28E agreements on 30 5 jurisdictional transfer of roads, or continuing negotiations 30 6 between jurisdictions. 30 7 Sec. 36. Section 368.11, unnumbered paragraph 1, Code 30 8 1999, is amended to read as follows: 30 9 A petition for incorporation, discontinuance, or boundary 30 10 adjustment may be filed with the board by a city council, a 30 11 county board of supervisors, a regional planning authority, or 30 12 five percent of thequalified electorsregistered voters of a 30 13 city or territory involved in the proposal. Notice of the 30 14 filing, including a copy of the petition and notice of the 30 15 date and time of the public meeting required in this section, 30 16 must beserveduponsent by certified mail to the council of 30 17 each city for which a discontinuance or boundary adjustment is 30 18 proposed, the board of supervisors for each county which 30 19 contains a portion of a city to be discontinued or territory 30 20 to be incorporated, annexed or severed, the council of a city 30 21 if an incorporation includes territory within the city's 30 22 urbanized area,andany regional planning authority for the 30 23 area involved, and each owner of land in the territory 30 24 including a person who has purchased the land under a real 30 25 estate contract under chapter 656 if the contract is recorded 30 26 with the county recorder. 30 27 Sec. 37. Section 368.11, unnumbered paragraph 2, Code 30 28 1999, is amended to read as follows: 30 29 Within ninety days of receipt of a petition, the board 30 30 shall initiate appropriate proceedings or dismiss the 30 31 petition. The board may combine for consideration petitions 30 32 or plans which concern the same territory or city or which 30 33 provide for a boundary adjustment or incorporation affecting 30 34 common territory. The combined petitions may be submitted for 30 35 consideration by aspeciallocal committee pursuant to section 31 1368.14A368.14. 31 2 Sec. 38. Section 368.11, subsection 8, Code 1999, is 31 3 amended to read as follows: 31 4 8.DescriptionA description of existing municipal 31 5 services, including but not limited to water supply, sewage 31 6 disposal, and fire and police protection and a description of 31 7 planned public improvements in the territory. 31 8 Sec. 39. Section 368.11, Code 1999, is amended by adding 31 9 the following new subsection: 31 10 NEW SUBSECTION. 14. A statement describing how the 31 11 boundary adjustment will conform to or further the city's 31 12 strategic development plan. 31 13 Sec. 40. Section 368.12, Code 1999, is amended to read as 31 14 follows: 31 15 368.12 DISMISSAL. 31 16 The board may dismiss a petition only if it finds that the 31 17 petition does not meet the requirements of this chapter, or 31 18 that substantially the same incorporation, discontinuance, or 31 19 boundary adjustment has been disapproved by a committee formed 31 20 to consider the proposal, or by the voters, within the two 31 21 years prior to the date the petition is filed with the board, 31 22 or that the territory to be annexed, or a portion of that 31 23 territory, has been voluntarily annexed under section 368.7, 31 24 or that the territory to be annexed is not located in the 31 25 strategic development area of the annexing city. The board 31 26 shall file for record a statement of each dismissal and the 31 27 reason for it, and shall promptly notify the parties to the 31 28 proceeding of its decision. 31 29 The board shall consider any objection by the county in 31 30 which the territory is located or any county which jointly 31 31 approved a strategic development plan with the county where 31 32 the territory is located. 31 33 Sec. 41. Section 368.15, Code 1999, is amended to read as 31 34 follows: 31 35 368.15 PUBLIC HEARING. 32 1 1. a. The committee shall conduct a public hearing on a 32 2 proposal as soon as practicable. Notice of the hearing must 32 3 be served upon the council of each city for which a 32 4 discontinuance or boundary adjustment is proposed, the county 32 5 board of supervisors for each county which contains a portion 32 6 of a city to be discontinued or territory to be incorporated, 32 7 annexed, or severed, each party to a strategic development 32 8 plan for the area involved prepared pursuant to chapter 366, 32 9 and any regional planning authority for the area involved. 32 10 Notice shall also be sent to all the owners of property 32 11 located within the territory subject to annexation. The 32 12 notice shall also be delivered to each person who has 32 13 purchased land within the territory under a real estate 32 14 contract under chapter 656, if the contract is recorded with 32 15 the county recorder and to all the owners of property 32 16 adjoining property located within the territory subject to 32 17 annexation. 32 18 b. A notice of the hearing, which includes a brief 32 19 description of the proposal and a statement of where the 32 20 petition or plan is available for public inspection, must be 32 21 published as provided in section 362.3, except that there must 32 22 be two publications in a newspaper having general circulation 32 23 in each city and each territory involved in the proposal. Any 32 24 person may submit written briefs, and in the committee's 32 25 discretion, may be heard on the proposal. The board may 32 26 subpoena witnesses and documents relevant to the proposal. 32 27 2. In considering a petition for a boundary adjustment, 32 28 the committee shall receive and weigh evidence of all of the 32 29 following: 32 30 a. The potential effect of the proposed city development 32 31 on adjacent areas, and on other local governments directly 32 32 affected, including but not limited to the potential impact of 32 33 the proposed boundary adjustment on future revenues of 32 34 affected local governments. 32 35 b. Whether the petition is based on a voluntary boundary 33 1 adjustment. 33 2 c. The desire of persons residing in the territory to be 33 3 annexed. 33 4 3. If the petition is for an annexation, the board shall 33 5 receive and weigh evidence of all of the following: 33 6 a. Existing and projected commercial and industrial 33 7 development within the territory to be annexed. 33 8 b. Existing and projected population in the territory to 33 9 be annexed. 33 10 c. A plan of annexation which the city must file with the 33 11 petition. The plan of annexation shall include a joint 33 12 development plan for the strategic development area subject to 33 13 annexation as required in section 366.8. The plan of 33 14 annexation shall include a schedule for providing municipal 33 15 services and constructing proposed public improvements. The 33 16 board shall consider the potential effects of extending 33 17 municipal services and constructing proposed public 33 18 improvements as required in the plan of annexation, including 33 19 but not limited to the cost and adequacy of providing, 33 20 existing municipal services and constructing public 33 21 improvements within the territory to be annexed. 33 22 d. The extent of available and suitable developable land 33 23 within the corporate limits of the city. 33 24 e. The extent to which the bounded territory included in 33 25 the proposed annexation is as compact and contiguous to the 33 26 city as possible. 33 27 f. The extent to which a voluntary boundary adjustment was 33 28 attempted. 33 29 Sec. 42. Section 368.17, Code 1999, is amended by adding 33 30 the following new subsection: 33 31 NEW SUBSECTION. 8. An annexation or severance if such 33 32 annexation or severance would be in violation of the strategic 33 33 development plan for the county in which the territory is 33 34 located. 33 35 DIVISION IV 34 1 MISCELLANEOUS PROVISIONS 34 2 Sec. 43. Section 15.108, subsection 3, paragraph a, 34 3 subparagraph (2), Code 1999, is amended to read as follows: 34 4 (2) Provide office space and staff assistance to the city 34 5 development board as provided in section368.96C.5. 34 6 Sec. 44. Section 306.9, unnumbered paragraph 1, Code 1999, 34 7 is amended to read as follows: 34 8 It is the policy of the state of Iowa that relocation of 34 9 primary highways through cultivated land shall be avoided to 34 10 the maximum extent possible. When the volume of traffic for 34 11 which the road is designed or other conditions, including 34 12 designation as part of the network of commercial and 34 13 industrial highways, require relocation, diagonal routes shall 34 14 be avoided if feasible and prudent alternatives consistent 34 15 with efficient movement of traffic exist. The department 34 16 shall adopt rules pursuant to chapter 17A that establish an 34 17 analytical framework for determining when a primary highway 34 18 must be relocated through cultivated farmland, including by 34 19 using diagonal routes. The rules shall include a detailed 34 20 list of factors for use by the department in completing its 34 21 analysis in compliance with the state's policy. 34 22 Sec. 45. Section 331.304, subsection 7, Code 1999, is 34 23 amended to read as follows: 34 24 7. The board may file a petition with thecity development34 25 land management planning board as provided in section 368.11. 34 26 Sec. 46. Section 331.321, subsection 1, paragraph u, Code 34 27 1999, is amended to read as follows: 34 28 u. Local representatives to serve with thecity34 29developmentland management planning board as provided in 34 30 section 368.14. 34 31 Sec. 47. Section 331.507, subsection 2, unnumbered 34 32 paragraph 1, Code 1999, is amended to read as follows: 34 33 The auditoris entitled toshall collect the following 34 34 fees: 34 35 Sec. 48. Section 331.507, subsection 2, paragraph a, 35 1 unnumbered paragraph 1, Code 1999, is amended to read as 35 2 follows: 35 3 For a transfer of property made in the transfer records, 35 4fivenine dollars for each separate parcel of real estate 35 5 described in a deed, or transfer of title certified by the 35 6 clerk of the district court. However, the fee shall not 35 7 exceedfiftyfifty-four dollars for a transfer of property 35 8 which is described in one instrument of transfer. 35 9 Sec. 49. Section 331.507, subsection 3, Code 1999, is 35 10 amended to read as follows: 35 11 3. Fees collectedor receivedby the auditor under this 35 12 section shall be accounted for and paid as follows: 35 13 a. The first five dollars collected under this section for 35 14 each separate parcel of real estate, up to fifty dollars for 35 15 transfers of property described in one instrument shall be 35 16 paid into the county treasury as provided in section 331.902. 35 17 b. The remaining moneys collected under this section shall 35 18 be paid to the department of revenue and finance on a monthly 35 19 basis for deposit in the land management planning fund as 35 20 created in section 6C.7. 35 21 Sec. 50. Section 384.38, subsection 2, Code 1999, is 35 22 amended to read as follows: 35 23 2. Upon petition as provided in section 384.41, subsection 35 24 1, a city may assess to private property affected by public 35 25 improvements within three miles of the city's boundaries the 35 26 cost of construction and repair of public improvements within 35 27 that area. The right-of-way of a railway company shall not be 35 28 assessed unless the company joins as a petitioner for said 35 29 improvements. In the petition the property owners shall waive 35 30 the limitation provided in section 384.62 that an assessment 35 31 may not exceed twenty-five percent of the value of the lot. 35 32 The petition shall contain a statement that the owners agree 35 33 to pay the city an amount equal to five percent of the cost of 35 34 the improvements, to cover administrative expenses incurred by 35 35 the city. This amount may be added to the cost of the 36 1 improvements. Before the council may adopt the resolution of 36 2 necessity, the preliminary resolution, preliminary plans and 36 3 specifications, plat, schedule, and estimate of cost must be 36 4 submitted to, and receive written approval from, the board of 36 5 supervisors of any county which contains part of the property, 36 6 and the city development board established in section368.936 7 6C.5. 36 8 Sec. 51. Sections 368.4, 368.9, 368.10, and 368.14A, Code 36 9 1999, are repealed. 36 10 Sec. 52. IMPLEMENTATION OF ACT. The fees and funds 36 11 generated as a result of the enactment of this Act are 36 12 intended to cover the costs of any state mandate included in 36 13 this Act and this specification of state funding shall be 36 14 deemed to meet all the state funding-related requirements of 36 15 section 25B.2, subsection 3. 36 16 Sec. 53. The person appointed by the director of the 36 17 department of economic development to serve on the land 36 18 management planning board as created in section 6C.5, as 36 19 enacted in this Act, shall be a member of the special 36 20 commission to study and make recommendations concerning urban 36 21 planning, growth management of cities, and protection of 36 22 farmland as provided in House Concurrent Resolution 21, as 36 23 passed by the Seventy-sixth General Assembly. 36 24 Sec. 54. EFFECTIVE DATES. 36 25 1. Except as provided in this section, this Act takes 36 26 effect July 1, 2000. 36 27 2. The land management planning board and the state 36 28 strategic development council as created in this Act shall be 36 29 appointed as soon as practical upon the enactment of this Act. 36 30 The entities shall carry out all functions necessary to 36 31 prepare for the administration of this Act beginning July 1, 36 32 2000. This subsection takes effect upon enactment. 36 33 EXPLANATION 36 34 This bill makes changes to the law relating to state and 36 35 local land management planning and development. 37 1 The bill creates the land management planning board, which 37 2 is the current city development board with expanded membership 37 3 and expanded duties. The land management planning board, 37 4 besides being involved with city development and annexation, 37 5 will provide oversight to the state strategic development 37 6 council and will oversee administration of claims 37 7 reimbursement from the land management planning fund to local 37 8 strategic development committees. The land management 37 9 planning fund is created to provide reimbursement to local 37 10 strategic development committees for costs incurred in 37 11 preparing a local strategic development plan. The bill 37 12 increases the fees paid to county auditors when a transfer of 37 13 property is recorded. A portion of the fee is retained by the 37 14 county and a portion is required to be paid over to the 37 15 department of revenue and finance for deposit in the land 37 16 management planning fund. 37 17 The bill establishes the state strategic development 37 18 council which is to oversee planning by state agencies 37 19 involved in major public projects. The bill provides that the 37 20 council shall prepare a state strategic development plan to be 37 21 implemented by state agencies involved with major public 37 22 projects. Membership on the council is composed of 37 23 representatives of the governor's office, the department of 37 24 economic development, the department of natural resources, the 37 25 state department of transportation, the department of 37 26 corrections, the department of general services, and the 37 27 office of the secretary of agriculture. Also, members on the 37 28 council are to include the state historic preservation 37 29 officer, a representative of the board of regents, and four 37 30 members of the general assembly. 37 31 The bill provides that, as of July 1, 2002, a public agency 37 32 may not award certain types of financial assistance to persons 37 33 for use in developing land if the development is not 37 34 consistent with the strategic development plan for the area. 37 35 The bill requires counties to implement a permanent land 38 1 use and natural resources inventory system. Iowa state 38 2 university is designated the repository for county land use 38 3 and natural resources inventories and shall provide computer 38 4 access to the inventories to the extent that moneys are 38 5 appropriated for these purposes. Iowa state university is 38 6 also required to provide technical assistance to counties in 38 7 implementing a permanent land use and natural resources 38 8 inventory system. 38 9 The bill requires each county and certain cities in the 38 10 county to form a strategic development committee by October 1, 38 11 2000, for the purpose of creating a strategic development 38 12 plan. The purpose of the plan is to direct the coordinated, 38 13 efficient, and orderly development of local governments, based 38 14 on an analysis of present and future land use needs. A 38 15 strategic development plan may identify areas for future 38 16 development and may identify strategic preservation areas 38 17 where development would not be allowed to occur. Prior to 38 18 final approval of a strategic development plan, the committee 38 19 is required to hold a public hearing on the proposed plan. 38 20 Plans are to be submitted by the committee to the 38 21 participating cities and county by January 1, 2002, for 38 22 ratification. If a proposed strategic development plan is not 38 23 ratified by the cities and county with membership on the local 38 24 strategic development committee, the plan and any proposed 38 25 changes are forwarded to the land management planning board 38 26 for dispute resolution. 38 27 Plans ratified by the cities and county or approved after 38 28 dispute resolution by the land management planning board are 38 29 to be recorded with the county recorder and filed with the 38 30 land management planning board. A plan does not take effect 38 31 until it is filed with the county recorder. A plan remains in 38 32 effect for five years. The bill provides that the strategic 38 33 development plan shall be the basis for the comprehensive plan 38 34 of the participating cities and county. 38 35 The bill also amends procedures relating to city 39 1 development and annexation. The bill defines "municipal 39 2 services" and "regional development authority" for purposes of 39 3 city development. 39 4 The bill amends the procedure for involuntary annexations 39 5 to provide that notice of the filing of an annexation petition 39 6 must include the date and time of the public meeting required 39 7 to be held on the petition. The notice must be sent by 39 8 certified mail. The bill provides that the owner of land 39 9 includes a person who has purchased land under a real estate 39 10 contract if the contract is recorded with the county recorder. 39 11 The bill amends the reasons for which the land management 39 12 planning board must dismiss a petition for involuntary 39 13 annexation to include that the area proposed to be annexed is 39 14 not located in a strategic development area. The bill also 39 15 provides that the board shall hear objections to a petition 39 16 from the county in which the territory to be annexed is 39 17 located and from any other county that participated in 39 18 creation of the strategic development plan which governs the 39 19 territory. 39 20 The bill provides that a local committee appointed to 39 21 consider an involuntary annexation petition shall consider as 39 22 evidence the potential effect of the boundary adjustment on 39 23 the provision of municipal services and the effect on other 39 24 local governments including future revenues of affected local 39 25 governments and the desire of persons residing in the 39 26 territory to be annexed. 39 27 The bill provides that a committee may not approve an 39 28 annexation or severance if such action would be in violation 39 29 of the strategic development plan for the county where the 39 30 territory to be annexed is located. 39 31 The bill repeals the section of the Code that required a 39 32 special local committee be appointed to consider competing 39 33 annexation petitions or plans, leaving the local committee to 39 34 consider such petitions or plans. 39 35 The bill is amended to require the state department of 40 1 transportation adopt rules establishing factors which must be 40 2 analyzed when determining when a primary highway must be 40 3 relocated through cultivated farmland. 40 4 The bill takes effect July 1, 2000. The bill directs, 40 5 however, that the portion of the bill requiring appointment of 40 6 members to the land management planning board and the state 40 7 strategic development council take effect upon enactment. 40 8 LSB 6839SZ 78 40 9 sc/cf/24
Text: SF02436 Text: SF02438 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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