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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 3. All public agencies shall cooperate in achieving the 1 29 purposes and carrying out the provisions of this chapter. 1 30 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS. 1 31 1. "Board" means the land management planning board 1 32 established in section 6C.5. 1 33 2. "Council" means the state strategic development council 1 34 as created pursuant to section 6C.9. 1 35 3. "Department" means the department of economic 2 1 development. 2 2 4. "Development" means the construction or structural 2 3 alteration, conversion, or enlargement of a structure or use 2 4 of land, including the construction of basic improvements, 2 5 public improvements, buildings, structures, or impermeable 2 6 structures. 2 7 5. "Farmland" means farmland as that term is defined in 2 8 section 352.2. 2 9 6. "Fund" means the land management planning fund as 2 10 created in section 6C.7. 2 11 7. "Inventory" means a permanent land use and natural 2 12 resources inventory system as provided in section 352.5. 2 13 8. "Local government" means a county or city government. 2 14 9. "Local legislation" means any ordinance, resolution, 2 15 motion, amendment, or regulation adopted by a local 2 16 government, which has the force and effect of law. 2 17 10. "Major public project" means any of the following: 2 18 a. The construction of a new or the relocation of an 2 19 existing highway. 2 20 b. The construction or expansion of an improvement, 2 21 including a structure or basic improvement, other than a 2 22 highway, which involves the development of more than fifty 2 23 acres of land or six thousand tons of topsoil. 2 24 c. The construction of any of the following: 2 25 (1) A dam or reservoir. 2 26 (2) A correctional institution as provided in chapter 904. 2 27 11. "Member agency" means a state agency which is 2 28 represented on the council as provided in section 6C.9. 2 29 12. "Public agency" means a state agency, local 2 30 government, or other political subdivision, including but not 2 31 limited to a principal department as provided in section 7E.5, 2 32 a school corporation organized under chapter 273 or 274, a 2 33 community college as provided in chapter 260C, a regional 2 34 library as provided in chapter 256, or a township as provided 2 35 in chapter 359. 3 1 13. "Public building" means any building used for human 3 2 occupation constructed by a public agency other than a state 3 3 agency to either provide public benefits and services or to 3 4 accommodate the general public or public agency employees, 3 5 including but not limited to offices, laboratories, workshops, 3 6 classrooms, auditoriums, libraries, museums, courtrooms, 3 7 hearing and meeting rooms, schools, garages, cellhouses, or 3 8 other secure sleeping facilities. 3 9 14. "Regional development authority" means a council of 3 10 governments established pursuant to chapter 28H or a joint 3 11 planning commission established pursuant to chapter 28I. 3 12 15. "State agency" means the same as "agency" defined in 3 13 section 17A.2. 3 14 16. "Strategic development area" means an area governed by 3 15 a strategic development plan as provided in chapter 366. 3 16 17. "Strategic development plan" means a plan adopted by a 3 17 county and cities participating as provided in chapter 366 as 3 18 a means to organize the manner and location of future 3 19 development within a territory of a county. 3 20 18. "Urban sprawl" means the development of land that 3 21 occurs on the fringes of cities, if the development is for a 3 22 use which is not contiguous to existing or approved 3 23 development, creates urban densities and uses within future 3 24 urbanizing and agriculturally productive land, natural or 3 25 historic areas, and is designed without regard to its 3 26 surroundings. 3 27 Sec. 4. NEW SECTION. 6C.4 FINANCIAL ASSISTANCE AWARDED 3 28 BY PUBLIC AGENCIES. 3 29 1. Effective July 1, 2002, in order for a public agency to 3 30 award financial assistance to persons for use in developing 3 31 land, the development shall be consistent with the relevant 3 32 strategic development plan prepared pursuant to chapter 366. 3 33 2. Financial assistance includes but is not limited to 3 34 moneys awarded from the following: 3 35 a. The community economic betterment account established 4 1 in section 15.320. 4 2 b. The revitalize Iowa's sound economy fund created in 4 3 section 315.2. 4 4 c. Iowa economic development bond bank program established 4 5 pursuant to section 16.102. 4 6 d. Tax increment financing created pursuant to section 4 7 403.19. 4 8 e. Tax exemptions within revitalization areas as provided 4 9 in chapter 404. 4 10 Sec. 5. NEW SECTION. 6C.5 LAND MANAGEMENT PLANNING 4 11 BOARD. 4 12 1. A land management planning board is created as the 4 13 state's principal agency overseeing planning by local 4 14 governments. The board shall oversee administration of this 4 15 chapter, and chapters 366 and 368, monitor the effectiveness 4 16 of public agencies in achieving the purposes of this chapter 4 17 as provided in section 6C.2, and study methods to better 4 18 achieve those purposes. 4 19 2. The board shall be composed of the following members: 4 20 a. One member appointed from a city with a population of 4 21 forty-five thousand or less. 4 22 b. One member appointed from a city with a population of 4 23 more than forty-five thousand but less than one hundred 4 24 thousand. 4 25 c. One member appointed from a city with a population of 4 26 one hundred thousand or more. 4 27 d. One member appointed from a county with a population of 4 28 fifty thousand or less. 4 29 e. One member appointed from a county with a population of 4 30 more than fifty thousand but less than one hundred thousand. 4 31 f. One member appointed from a county with a population of 4 32 one hundred thousand or more. 4 33 g. One member appointed by the secretary of agriculture. 4 34 h. One member appointed by the director of the department 4 35 of natural resources. 5 1 i. One member appointed by the director of the department 5 2 of economic development. 5 3 j. Two members representing the general public. 5 4 3. With the exception of members appointed under 5 5 paragraphs "g", "h", and "i", the members shall be appointed 5 6 by the governor subject to confirmation by the senate as 5 7 provided in section 2.32. The appointments must be for six- 5 8 year staggered terms beginning and ending as provided in 5 9 section 69.19, or for an unexpired term if a vacancy occurs. 5 10 No member shall serve more than two complete six-year terms. 5 11 4. A member may be removed from office by the governor for 5 12 misfeasance, malfeasance, willful neglect of duty, or other 5 13 just cause, after notice and hearing, unless the notice and 5 14 hearing is expressly waived in writing. 5 15 5. The board shall elect a chairperson each year. 5 16 6. Members of the board, other than a state officer or 5 17 employee, are entitled to receive a per diem as specified in 5 18 section 7E.6 for each day spent in performance of duties as 5 19 members, and shall be reimbursed for all actual and necessary 5 20 expenses incurred in the performance of duties as members. 5 21 7. The department of economic development shall provide 5 22 office space and staff assistance, and shall budget funds to 5 23 cover expenses of the board. The office of attorney general 5 24 shall provide legal counsel to the board. 5 25 Sec. 6. NEW SECTION. 6C.6 POWERS AND DUTIES OF THE 5 26 BOARD. 5 27 1. The board shall do all of the following: 5 28 a. Approve or disapprove strategic development plans 5 29 submitted for dispute resolution pursuant to chapter 366. 5 30 b. Approve or disapprove petitions for city development as 5 31 provided in chapter 368. 5 32 c. Establish policies for administration of the land 5 33 management planning fund for development management and 5 34 farmland and natural area protection as created in section 5 35 6C.7. The board shall pay claims by eligible local 6 1 governments for reimbursement of expenses relating to 6 2 preparing strategic development plans as provided in section 6 3 6C.8. 6 4 d. Adopt rules pursuant to chapter 17A which are necessary 6 5 to administer its duties under this chapter and chapters 366 6 6 and 368. The rules shall include establishing filing fees for 6 7 petitions and applications submitted to the board. The board 6 8 may establish a schedule of fees required to file these 6 9 documents with the board, based on criteria established by the 6 10 board, which may include the size of the local government 6 11 filing the document. 6 12 2. The board may adopt forms to be completed and submitted 6 13 by local governments as required for the efficient 6 14 administration of this chapter and chapters 366 and 368. The 6 15 board shall adopt a simple form for strategic development 6 16 plans to be completed by small local governments. 6 17 Sec. 7. NEW SECTION. 6C.7 LAND MANAGEMENT PLANNING FUND. 6 18 1. A land management planning fund is created within the 6 19 state treasury under the control of the department of economic 6 20 development. 6 21 2. The fund shall consist of all of the following: 6 22 a. Moneys appropriated by the general assembly. 6 23 b. Moneys available to and obtained or accepted by the 6 24 department from the federal government or private sources for 6 25 placement in the fund. 6 26 c. Fees paid to the department of revenue and finance that 6 27 have been collected by county auditors for deposit into the 6 28 fund pursuant to section 331.507. 6 29 3. Moneys in the fund shall be used exclusively for the 6 30 following purposes: 6 31 a. First, to pay for the costs of administration of this 6 32 chapter by the department. 6 33 b. Second, to reimburse local strategic development 6 34 committees for preparing strategic development plans as 6 35 provided in section 6C.8. 7 1 c. Finally, to the extent that moneys are remaining, the 7 2 moneys may be used to reimburse Iowa state university of 7 3 science and technology and counties for costs associated with 7 4 preparing permanent land use and natural resource inventories 7 5 as provided in sections 352.4 and 352.5. 7 6 4. The treasurer of state shall act as custodian of the 7 7 fund. The treasurer of state is authorized to invest the 7 8 moneys deposited in the fund. Notwithstanding section 12C.7, 7 9 subsection 2, the income from such investment shall be 7 10 credited to and deposited in the fund. Notwithstanding 7 11 section 8.33, moneys in the fund are not subject to reversion 7 12 to the general fund of the state. The fund shall be 7 13 administered by the department which shall make expenditures 7 14 from the fund consistent with the purposes set out in this 7 15 section. The moneys in the fund shall be disbursed upon 7 16 warrants drawn by the director of revenue and finance pursuant 7 17 to the order of the board. The fiscal year of the fund begins 7 18 July 1. The finances of the fund shall be calculated on an 7 19 accrual basis in accordance with generally accepted accounting 7 20 principles. The auditor of state shall regularly perform 7 21 audits of the fund. 7 22 Sec. 8. NEW SECTION. 6C.8 REIMBURSEMENT OF LOCAL 7 23 GOVERNMENTS FOR PREPARATION OF PLANS. 7 24 1. a. The board shall approve a claim against the fund to 7 25 reimburse local strategic development committees for costs 7 26 associated with preparing strategic development plans under 7 27 chapter 366. 7 28 b. The board may approve a claim against the fund to 7 29 reimburse Iowa state university of science and technology or 7 30 counties for costs associated with preparing land use and 7 31 natural resource inventories under sections 352.4 and 352.5. 7 32 2. a. Except as provided in paragraph "b", a claim is 7 33 eligible to be paid if all of the following apply: 7 34 (1) The claim is made in a manner and according to 7 35 procedures required in this section and established by the 8 1 board. 8 2 (2) The claim is complete and accurate, and contains no 8 3 significant false or misleading statements. 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. To the extent that moneys are available, the board 8 26 shall reimburse a claim filed by Iowa state university of 8 27 science and technology and counties for costs associated with 8 28 preparing permanent land use and natural resource inventories 8 29 as provided in sections 352.4 and 352.5, according to rules 8 30 adopted by the board. 8 31 5. If at any time the board determines that insufficient 8 32 moneys are available in the fund to make payment of all claims 8 33 for preparing strategic development plans, the department 8 34 shall pay claims according to the date that the claims are 8 35 received by the department. To the extent that a claim cannot 9 1 be fully satisfied, the department shall order that the unpaid 9 2 portion of the payment be deferred until the claim can be 9 3 satisfied. 9 4 Sec. 9. NEW SECTION. 6C.9 STATE STRATEGIC DEVELOPMENT 9 5 COUNCIL. 9 6 1. A state strategic development council is created as the 9 7 state's principal agency overseeing planning by state agencies 9 8 involved in major public projects. The purpose of the council 9 9 is to ensure that development by state agencies is 9 10 coordinated, including through the adoption of a state 9 11 strategic development plan as provided in section 6C.12. 9 12 2. The council shall be composed of all of the following 9 13 persons: 9 14 a. The governor or the governor's designee who shall serve 9 15 as the chairperson of the council. 9 16 b. The director of the department of economic development 9 17 or a designee. 9 18 c. The director of the department of natural resources or 9 19 a designee. 9 20 d. The director of transportation or a designee. 9 21 e. The director of the department of corrections or a 9 22 designee. 9 23 f. The director of the department of general services or a 9 24 designee. 9 25 g. The secretary of agriculture or a designee. 9 26 h. The state historic preservation officer appointed by 9 27 the director of the department of cultural affairs. 9 28 i. A designee appointed by the state board of regents as 9 29 provided for in chapter 262. The member shall be appointed 9 30 from the university of Iowa, Iowa state university of science 9 31 and technology, and the university of northern Iowa on a 9 32 rotating basis. Each appointee shall serve one term prior to 9 33 replacement. A member appointed under this paragraph shall be 9 34 an expert in issues relating to land use planning. 9 35 j. Four members of the general assembly, who shall serve 10 1 as nonvoting, ex officio members. The members shall include 10 2 two members of the senate appointed by the president of the 10 3 senate, after consultation with the majority leader and the 10 4 minority leader of the senate, and two members of the house of 10 5 representatives appointed by the speaker of the house, after 10 6 consultation with the majority leader and the minority leader 10 7 of the house. The legislative members shall be appointed upon 10 8 the convening and for the period of each general assembly. 10 9 Not more than one member from each house shall be of the same 10 10 political party. 10 11 3. The department of economic development shall provide 10 12 office space and staff assistance, and shall budget funds to 10 13 cover expenses of the council. The office of attorney general 10 14 shall provide legal counsel to the council. 10 15 4. Except as otherwise provided, the council shall meet on 10 16 a regular basis and at the call of the chairperson or upon the 10 17 written request to the chairperson of two or more members. 10 18 5. A majority of voting members appointed to the council 10 19 constitute a quorum and the affirmative vote of a majority of 10 20 the voting members appointed is necessary for any substantive 10 21 action to be taken by the council, except that a lesser number 10 22 may adjourn a meeting. The majority shall not include any 10 23 member who has a conflict of interest and a statement by a 10 24 member that the member has a conflict of interest is 10 25 conclusive for this purpose. A vacancy in the membership does 10 26 not impair the right of a quorum to exercise all rights and 10 27 perform all duties of the council. 10 28 6. A vacancy on the council shall be filled in the same 10 29 manner as an original appointment. A person appointed to fill 10 30 a vacancy shall serve only for the unexpired portion of the 10 31 term. Except as provided in this subchapter, a member is 10 32 eligible for reappointment. 10 33 7. Members of the council, other than a state officer or 10 34 employee, are entitled to receive a per diem as specified in 10 35 section 7E.6 for each day spent in performance of duties as 11 1 members, and shall be reimbursed for all actual and necessary 11 2 expenses incurred in the performance of duties as members. 11 3 Sec. 10. NEW SECTION. 6C.10 COUNCIL – POWERS AND 11 4 DUTIES. 11 5 1. The purpose of the council is to ensure that 11 6 development by state agencies is coordinated, including 11 7 through the adoption of a state strategic development plan as 11 8 provided in section 6C.12. 11 9 2. The council shall adopt rules pursuant to chapter 17A 11 10 which are necessary to administer its duties under this 11 11 chapter. 11 12 Sec. 11. NEW SECTION. 6C.11 STATE AGENCY PLANNING – 11 13 CONSULTATION DURING MAJOR PUBLIC PROJECTS. 11 14 1. The council shall meet regularly and its members shall 11 15 consult with a state agency when a state agency is engaged in 11 16 a major public project. The state agency must consult with 11 17 the council during regularly scheduled meetings conducted 11 18 throughout the planning stages of the major public project. 11 19 2. A state agency shall not begin construction of a major 11 20 public project prior to consulting with the council. 11 21 3. In reviewing a major public project, the council shall 11 22 to every extent practical ensure that the missions, policies, 11 23 and goals of affected member agencies are not negatively 11 24 impacted. The major public project shall be planned and 11 25 constructed consistent with the state strategic development 11 26 plan as required by section 6C.12. 11 27 Sec. 12. NEW SECTION. 6C.12 STATE STRATEGIC DEVELOPMENT 11 28 PLAN. 11 29 1. a. The council shall establish, maintain, and revise a 11 30 state strategic development plan which shall be implemented by 11 31 state agencies as provided in this section. State agencies 11 32 shall consult with the council regarding major public 11 33 projects. The council may adopt rules which exempt major 11 34 public projects from the requirements of this section, to the 11 35 extent that the council determines that compliance with the 12 1 state strategic development plan or consultation with the 12 2 council is inconsistent with or unnecessary to carry out the 12 3 purposes of this chapter as provided in section 6C.2. 12 4 b. The state plan shall include development standards and 12 5 practices that ensure that development conducted by state 12 6 agencies carries out the purposes of this chapter as provided 12 7 in section 6C.2, the requirements of this chapter, and 12 8 relevant strategic development plans. Each state agency shall 12 9 adopt policies governing development, including planning and 12 10 construction of projects, which implement development 12 11 standards and practices as required in the state strategic 12 12 development plan. 12 13 2. a. A state agency shall not begin construction of a 12 14 major public project unless the state agency consults with 12 15 member agencies during a council meeting. The state agency 12 16 proposing construction shall submit a plan of development to 12 17 the council for consideration. The plan shall summarize the 12 18 major public project and explain how the major public project 12 19 complies with the requirements of the state strategic 12 20 development plan and any applicable strategic development plan 12 21 governing the area where the major public project is proposed 12 22 to be developed. The state agency shall regularly inform the 12 23 council of the progress of the major public project during the 12 24 course of its construction. 12 25 b. Any concern about or objection to the planning or 12 26 construction of a major public project expressed by a member 12 27 agency or the council shall be noted in the minutes of the 12 28 council. This section does not authorize the council to 12 29 disapprove a plan for development or alter construction of the 12 30 major public project. 12 31 3. The council shall approve an initial state strategic 12 32 development plan by July 1, 2001. 12 33 Sec. 13. NEW SECTION. 6C.13 OVERSIGHT. 12 34 1. The council shall report to the land management 12 35 planning board as required by the board. 13 1 2. The council shall report to the committee of the 13 2 general assembly which is primarily responsible for 13 3 legislative oversight of state agencies, as required, by the 13 4 committee. The council shall do all of the following: 13 5 a. Present information to the committee as requested by 13 6 the committee. 13 7 b. Notify the committee of the planning stages of a major 13 8 public project initiated by a member agency, including any 13 9 comments or objections of the council or a member agency. 13 10 c. Submit a copy of its state strategic development plan 13 11 and any amendments to or revisions of the plan with the 13 12 committee. 13 13 DIVISION II 13 14 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING 13 15 Sec. 14. Section 352.2, Code 1999, is amended by adding 13 16 the following new subsection: 13 17 NEW SUBSECTION. 3A. "Extra-urban development" means 13 18 development of land for a use, which creates densities and 13 19 uses within a territory which is not designated for that type 13 20 of use according to a strategic development plan required to 13 21 be adopted by a local government as provided in this chapter. 13 22 However, "extra-urban development" does not include 13 23 development which is part of any of the following: 13 24 a. A farm operation, including any related structure which 13 25 is constructed or installed, or any use or practice which is 13 26 implemented involving a farm operation, including a residence 13 27 constructed for occupation by a person engaged in a farm 13 28 operation. 13 29 b. The construction, installation, improvement, or 13 30 maintenance of basic improvements. 13 31 c. The preservation of natural and historic or cultural 13 32 areas, the development of recreational areas, or the 13 33 protection of natural and historic resources and fragile 13 34 ecosystems of this state including forests, wetlands, rivers, 13 35 streams, lakes and their shorelines, aquifers, prairies, and 14 1 recreational areas. 14 2 d. Development occurring on land which has been platted 14 3 prior to the effective date of this Act. 14 4 Sec. 15. Section 352.4, Code 1999, is amended by striking 14 5 the section and inserting in lieu thereof the following: 14 6 352.4 IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY – 14 7 REPOSITORY – STUDY AND REPORT. 14 8 To the extent that moneys are appropriated and data is 14 9 available, Iowa state university of science and technology 14 10 shall do all of the following: 14 11 1. Serve as the repository of permanent land use and 14 12 natural resources inventories completed pursuant to section 14 13 352.5. The university shall provide for computer access of 14 14 these inventories by the department of economic development 14 15 for use by the state strategic development council or land 14 16 management planning board created in chapter 6C. 14 17 2. Study the extent to which land in Iowa is being 14 18 converted from agricultural use to residential, commercial, 14 19 industrial, or public uses, including farmland, recreational 14 20 areas, natural areas, and public facilities and basic 14 21 improvements. 14 22 a. At least every two years, the university shall prepare 14 23 a report that includes all of the following: 14 24 (1) A description of counties that have a farmland 14 25 protection program or strategies in place, including the use 14 26 of zoning, or a farmland preservation ordinance adopted 14 27 pursuant to chapter 335 or programs such as conservation 14 28 easements. 14 29 (2) A description of land use changes in each county, 14 30 which may include an analysis of data collected by the 14 31 department of revenue and finance. The report to every extent 14 32 practical shall identify changes in the use or classification 14 33 of use for parcels of land, including from an agricultural 14 34 class to a nonagricultural class. 14 35 (3) An assessment of the productive quality of soil of 15 1 farmland converted to another use. The assessment of the soil 15 2 may be by using crop yields, corn suitability ratings, or 15 3 classifications by the United States department of 15 4 agriculture. 15 5 (4) An evaluation of urban growth patterns throughout the 15 6 state, including areas of urban sprawl and extra-urban 15 7 development. 15 8 b. The report shall be delivered to the governor, the 15 9 general assembly, and the department of economic development 15 10 not later than September 1 of each reporting year. 15 11 3. Iowa state university of science and technology shall 15 12 provide technical advice to the land management planning board 15 13 in adopting rules necessary to implement a permanent land use 15 14 and natural resources inventory system as required pursuant to 15 15 section 352.5. The university shall provide technical 15 16 assistance to counties in completing the system according to a 15 17 schedule established by the university in cooperation with the 15 18 land management planning board. 15 19 Sec. 16. Section 352.5, Code 1999, is amended by striking 15 20 the section and inserting the following: 15 21 352.5 PERMANENT LAND USE AND NATURAL RESOURCES INVENTORY 15 22 SYSTEM. 15 23 1. Counties shall establish a permanent land use and 15 24 natural resources inventory system. The system shall assess 15 25 and categorize land uses, the productive quality of farmland 15 26 soil, and the changes in use or classifications for use of the 15 27 land. 15 28 a. The county land preservation and use commission shall 15 29 administer this section, as provided by the county board of 15 30 supervisors. 15 31 b. The data shall be systematically collected by the 15 32 county, subject to all of the following: 15 33 (1) Whenever possible, the data shall be enhanced by 15 34 aerial imagery. 15 35 (2) The data shall be converted to or entered in a digital 16 1 format capable of access by computer systems. 16 2 (3) The data shall be structured in a uniform manner that 16 3 allows comparisons between counties. 16 4 (4) To every extent practical, the system shall include 16 5 any data collected for county land use inventories pursuant to 16 6 1982 Iowa Acts, chapter 1245. 16 7 c. The system shall provide for the regular update of 16 8 data, but not less than every five years. 16 9 2. The system shall be implemented by a county according 16 10 to rules adopted by the land management planning board. The 16 11 rules shall provide for implementation according to a schedule 16 12 adopted by the land management planning board in cooperation 16 13 with Iowa state university of science and technology. All 16 14 counties shall have a system implemented by June 30, 2003. 16 15 However, a county shall not be required to appoint a 16 16 commission or implement a system until the state appropriates 16 17 moneys to the county for implementation. 16 18 Sec. 17. NEW SECTION. 366.1 SHORT DESCRIPTION. 16 19 A strategic development plan shall integrate the planning 16 20 functions of the local government, including the planning of 16 21 basic improvements and the provision of public benefits and 16 22 services. 16 23 Sec. 18. NEW SECTION. 366.2 DEFINITIONS. 16 24 1. "Basic improvement" means the development of land for 16 25 any of the following: 16 26 a. A utility, including telephone or other communication 16 27 lines, city utility as defined in section 362.2, public 16 28 utility as defined in section 476.1, or pipeline providing or 16 29 transporting gas, water, wastewater, or sewer service. 16 30 b. A thoroughfare, such as a road or street as defined in 16 31 section 306.3. 16 32 2. "Board" means the land management planning board 16 33 established in section 6C.5. 16 34 3. "Farmland" means farmland as that term is defined in 16 35 section 352.2. 17 1 4. "Local legislation" means any ordinance, resolution, 17 2 motion, amendment, or regulation adopted by a local 17 3 government, which has the force and effect of law. 17 4 5. "Planned territory" means territory that is governed or 17 5 proposed to be governed by a strategic development plan. 17 6 6. "Public benefits and services" means benefits and 17 7 services provided by a local government to persons residing 17 8 within the jurisdiction of the local government, regardless of 17 9 whether the benefits and services are provided directly or by 17 10 another person under contract with the local government, 17 11 including providing for the health and safety, education, or 17 12 transportation of the public. A public benefit and service 17 13 includes but is not limited to fire protection and 17 14 suppression, law enforcement, the collection and disposal of 17 15 refuse, the delivery of public water and sewer facilities, and 17 16 ambulance or emergency care. 17 17 7. "Regional development authority" means a council of 17 18 governments established pursuant to chapter 28H or a joint 17 19 planning commission established pursuant to chapter 28I. 17 20 Sec. 19. NEW SECTION. 366.3 PURPOSES. 17 21 1. A strategic development plan shall carry out the 17 22 purposes of this chapter and the requirements of this chapter. 17 23 2. The purpose of a strategic development plan is to 17 24 direct the coordinated, efficient, and orderly development of 17 25 local governments and their environs that will, based on an 17 26 analysis of present and future needs, best promote the public 17 27 health, safety, morals, and general welfare. The goals and 17 28 objectives of a strategic development plan include the 17 29 following: 17 30 a. Providing a unified physical design for the development 17 31 of the local community. 17 32 b. Encouraging a pattern of compact and contiguous high- 17 33 density development to be guided into appropriate areas. 17 34 c. Establishing an acceptable and consistent level of 17 35 public benefits and services and ensuring timely provision of 18 1 those public benefits and services. 18 2 d. Promoting the adequate provision of employment 18 3 opportunities and the economic health of the local 18 4 governments. 18 5 e. Conserving features of significant statewide or 18 6 regional architectural, cultural, historical, or 18 7 archaeological interest. 18 8 f. Protecting life and property from the effects of 18 9 natural hazards and natural disasters, such as flooding, 18 10 winds, and wildfires. 18 11 g. Taking into consideration such other matters that may 18 12 be logically related to or form an integral part of a plan for 18 13 the coordinated, efficient, and orderly development of the 18 14 local communities. 18 15 h. Providing for a variety of housing choices and assuring 18 16 affordable housing for future population growth. 18 17 i. Identifying and protecting farmland, natural areas, 18 18 environmentally sensitive land, historical or cultural areas, 18 19 and critical areas of local or statewide concern. 18 20 j. Preventing the occurrence of urban sprawl, including 18 21 the economic, environmental, and social costs that accompany 18 22 urban sprawl, and by encouraging infill development and 18 23 redevelopment of existing urban sites. 18 24 k. Allowing local governments to plan for development in a 18 25 comprehensive, orderly, and cooperative manner. 18 26 l. Ensuring that adequate basic improvements and public 18 27 benefits and services are provided concurrently with 18 28 development. 18 29 Sec. 20. NEW SECTION. 366.4 LOCAL STRATEGIC DEVELOPMENT 18 30 COMMITTEE. 18 31 1. On or before October 1, 2000, a local strategic 18 32 development committee is created within each county which 18 33 shall be composed of the following members: 18 34 a. A member of the county board of supervisors appointed 18 35 by the county board of supervisors. 19 1 b. The mayor of each participating city as provided in 19 2 section 366.4 or the mayor's designee as confirmed by the city 19 3 council. 19 4 c. One member appointed by the board of directors of the 19 5 county's soil conservation district or districts, who shall 19 6 represent agricultural interests. 19 7 d. Two members appointed by the county board of 19 8 supervisors and one member appointed by the mayor of each of 19 9 the two largest participating cities, to assure broad 19 10 representation of agricultural, environmental, construction, 19 11 educational, and homeowner interests. 19 12 e. The mayor of each city which adjoins the county, if the 19 13 city council adopts a resolution declaring that it elects to 19 14 be a participant to the creation of the strategic development 19 15 plan. The mayor shall serve as a nonvoting, ex officio member 19 16 of the committee. 19 17 2. a. A city may be excused from voting membership on the 19 18 strategic development committee if the city council adopts a 19 19 resolution declaring that it elects not to participate in 19 20 creating the plan. The city's resolution shall become part of 19 21 the strategic development plan. If a city adopts such a 19 22 resolution, the city shall not exercise jurisdiction within 19 23 its extraterritorial area including as provided in section 19 24 414.23. 19 25 b. A city shall not be eligible for voting membership on 19 26 the committee if the city is completely surrounded by one or 19 27 more cities, or by one or more cities and the boundaries of 19 28 another state. The corporate limits of the surrounded city 19 29 shall constitute the boundaries of the city's strategic 19 30 development area and such city shall not be eligible to ratify 19 31 or reject the recommended strategic development plan as 19 32 provided in section 366.6. 19 33 Sec. 21. NEW SECTION. 366.5 STRATEGIC DEVELOPMENT PLAN. 19 34 1. A strategic development plan shall govern a strategic 19 35 development area designated within a county as provided in 20 1 this section in order to organize the manner and location of 20 2 future development in a way that carries out the purposes of 20 3 this chapter as provided in section 6C.2 and the purposes of a 20 4 strategic development plan as provided in section 366.3. A 20 5 strategic development plan shall govern a strategic 20 6 preservation area if created in the plan in order to preserve 20 7 prime agricultural land for agricultural production, or 20 8 natural, cultural, or historical areas. 20 9 a. The participants to creation of the strategic 20 10 development plan shall be all of the following: 20 11 (1) The county. 20 12 (2) All participating cities as provided in this section 20 13 which are located in the county. 20 14 b. A city that adjoins the county may serve as a 20 15 nonvoting, ex officio member of the committee. 20 16 2. A strategic development plan may rely upon a 20 17 comprehensive plan adopted pursuant to section 335.5 or 20 18 section 414.3, to the extent that the comprehensive plan 20 19 complies with this chapter. 20 20 3. A strategic development plan approved pursuant to this 20 21 chapter shall be the basis for the comprehensive plan of each 20 22 county required pursuant to section 335.5, if the county has 20 23 adopted a zoning ordinance, and for the comprehensive plan of 20 24 each participating city required pursuant to section 414.3. 20 25 The county and each participating city shall amend its 20 26 comprehensive plan as necessary to conform to the strategic 20 27 development plan. 20 28 4. A county and participating cities are encouraged to 20 29 continue to plan for development and land use jointly and to 20 30 use the strategic development plan as a basis for subsequent 20 31 joint planning. 20 32 5. A strategic development plan shall include, at a 20 33 minimum, documents describing and depicting the corporate 20 34 limits of each participating city and the boundaries of each 20 35 strategic development area and each strategic preservation 21 1 area. The strategic development plan may address issues of 21 2 mutual interest, including issues relating to basic 21 3 improvements, improvements paid for with public funds, and 21 4 public benefits and services, economic development, housing, 21 5 and recreation. 21 6 a. A strategic development plan may establish one or more 21 7 strategic development areas. 21 8 (1) In establishing a strategic development area, the plan 21 9 shall do all of the following: 21 10 (a) Identify territory that is reasonably compact yet 21 11 sufficiently large to accommodate residential and 21 12 nonresidential growth projected to occur during the next 21 13 twenty years. 21 14 (b) Identify territory that is contiguous to the existing 21 15 boundaries of a city. 21 16 (c) Identify territory that a reasonable and prudent 21 17 person would project as the likely site of high-density 21 18 commercial, industrial, or residential growth over the next 21 19 twenty years based on historical experience, economic trends, 21 20 population growth patterns, topographical characteristics, and 21 21 any professional planning, engineering, and economic studies 21 22 that are available. The city shall report population growth 21 23 projections for the city based upon state and federal census 21 24 data. 21 25 (2) A strategic development area shall not contain any 21 26 agricultural land which has a corn suitability rating of sixty 21 27 or higher, according to information released by Iowa state 21 28 university to the department of revenue and finance for 21 29 purposes of determining the productivity formula for 21 30 assessment and taxation of agricultural land, unless there is 21 31 a showing by the local strategic development committee created 21 32 pursuant to section 366.4, that the land is necessary for the 21 33 orderly development of the strategic development area. 21 34 b. A strategic development plan may establish one or more 21 35 strategic preservation areas. In establishing a strategic 22 1 preservation area, the plan shall identify territory to be 22 2 preserved for the next twenty years for agricultural purposes, 22 3 forests, recreational areas, wildlife management areas, 22 4 cultural areas, historical areas, or other areas planned for 22 5 preservation. 22 6 Sec. 22. NEW SECTION. 366.6 LOCAL GOVERNMENT ADOPTION OF 22 7 STRATEGIC DEVELOPMENT PLAN. 22 8 1. The local strategic development committee shall 22 9 recommend a strategic development plan that conforms with 22 10 section 366.3. 22 11 2. When designating that part of a strategic development 22 12 area contiguous to a city, the committee shall identify, and 22 13 give consideration to, the amount of territory within the 22 14 current incorporated boundaries of the city that is vacant or 22 15 undeveloped land. 22 16 3. The committee shall conduct a review of existing 22 17 comprehensive plans governing a proposed strategic development 22 18 area or proposed strategic preservation area. The committee 22 19 shall consider proposed strategic development plans submitted 22 20 by a nonvoting, ex officio member serving on the committee as 22 21 provided in section 366.4. 22 22 4. The committee shall utilize planning resources that are 22 23 available within the county, including city and county 22 24 planning commissions and zoning administrators. The committee 22 25 is also encouraged to utilize the services of a regional 22 26 development authority, Iowa state university of science and 22 27 technology, the university of Iowa, and the university of 22 28 northern Iowa. 22 29 5. Prior to final approval of the recommended strategic 22 30 development plan by the committee, the committee shall hold at 22 31 least one public hearing on the proposed recommended strategic 22 32 development plan. The county auditor shall give at least 22 33 thirty days' notice of the time, place, and purpose of the 22 34 public hearing by notice published in a newspaper of general 22 35 circulation in the county. 23 1 6. Not later than January 1, 2002, the committee shall 23 2 submit the recommended strategic development plan to the 23 3 county board of supervisors and the city council of each 23 4 participating city for ratification by each local government. 23 5 a. Not later than one hundred twenty days after receiving 23 6 the recommended strategic development plan, the county board 23 7 of supervisors and the city council for each participating 23 8 city shall adopt a resolution to either ratify or reject the 23 9 recommended strategic development plan. A city or county that 23 10 fails to timely act on the resolution shall be deemed to have 23 11 ratified the recommended strategic development plan on the 23 12 last day of the one-hundred-twenty-day period. If the 23 13 strategic development plan is ratified, the committee shall 23 14 file and record the plan as provided in section 366.9. 23 15 b. If the county board of supervisors or the city council 23 16 of any participating city rejects the recommended strategic 23 17 development plan submitted by the committee, the county or 23 18 participating city shall submit its objections to the plan, as 23 19 provided by the committee. After receiving objections to the 23 20 plan, the committee may recommend a revised strategic 23 21 development plan. The committee shall submit any revised 23 22 strategic development plan for ratification to the county 23 23 board of supervisors and the city council of each 23 24 participating city. 23 25 Not later than one hundred twenty days after receiving a 23 26 revised recommended strategic development plan, the county 23 27 board of supervisors and city council for each participating 23 28 city shall either ratify or reject the revised recommended 23 29 strategic development plan in the same manner as provided in 23 30 paragraph "a". A city or county that fails to timely act on a 23 31 resolution shall be deemed to have ratified the recommended 23 32 strategic development plan on the last day of the one-hundred- 23 33 twenty-day period. 23 34 7. The committee shall submit the revised recommended 23 35 strategic development plan to the land management planning 24 1 board created in section 6C.5, if the plan has been rejected 24 2 by a local government. However, the committee may submit an 24 3 unrevised recommended strategic development plan to the board, 24 4 if the committee determines that there is a substantial 24 5 probability that a revised recommended strategic development 24 6 plan would not be ratified by all the local governments. The 24 7 committee shall submit the recommended strategic development 24 8 plan and any revisions or objections to the board as provided 24 9 in section 366.7. 24 10 Sec. 23. NEW SECTION. 366.7 DISPUTE RESOLUTION. 24 11 1. If a recommended strategic development plan or a 24 12 revised strategic development plan is rejected pursuant to 24 13 section 366.6, the committee shall submit each of the 24 14 considered plans, revisions, and objections to the land 24 15 management planning board for resolution of the matter. The 24 16 board shall conduct a hearing according to rules of procedure 24 17 adopted by the board which may be the same as provided for a 24 18 contested case proceeding under chapter 17A. The board shall 24 19 review strategic development plans submitted to the committee, 24 20 recommended strategic development plans, revisions, and 24 21 objections and resolve the dispute by approving a proposed 24 22 strategic development plan based on the extent to which the 24 23 plan furthers the purposes of this chapter as provided in 24 24 section 6C.2 and the purposes of the strategic development 24 25 plan as provided in section 366.3. 24 26 2. The land management planning board shall submit to the 24 27 board of supervisors a proposed strategic development plan for 24 28 consideration by the county supervisors and for distribution 24 29 to the city council of each city in the county and each city 24 30 adjoining the county that has appointed a member to serve as a 24 31 nonvoting, ex officio member of the local strategic 24 32 development committee. Such entities shall be provided a 24 33 reasonable time to consider the proposed strategic development 24 34 plan as required by the board. 24 35 The proposed strategic development plan must be approved by 25 1 resolution by the board of supervisors in the county and the 25 2 city council of each participating city. 25 3 The board of supervisors for the county shall notify the 25 4 land management planning board of the ratification or 25 5 rejection of the proposed strategic development plan in a 25 6 manner required by the land management planning board. A 25 7 notice of rejection submitted to the board may be accompanied 25 8 by final recommendations for amendment to the proposed 25 9 strategic development plan. The board shall adopt the 25 10 proposed plan as provided in section 366.8. 25 11 Sec. 24. NEW SECTION. 366.8 STRATEGIC DEVELOPMENT PLAN 25 12 APPROVED BY THE BOARD. 25 13 1. Not later than July 1, 2002, the land management 25 14 planning board shall have approved strategic development plans 25 15 submitted to the board for dispute resolution. The board 25 16 shall approve a strategic development plan, if the plan 25 17 accomplishes the purposes of this chapter as provided in 25 18 section 6C.2, and the purposes of a strategic development plan 25 19 as provided in section 366.3. The board shall adopt and grant 25 20 its approval of amendments to a strategic development plan for 25 21 the sole purpose of accomplishing those purposes. 25 22 2. After a strategic development plan is ratified or 25 23 approved, the participating local governments and any city 25 24 adjoining the county that appointed a member to serve on the 25 25 local strategic development committee shall prepare a joint 25 26 development plan for managing future development within the 25 27 area in a manner consistent with the purposes of this chapter 25 28 and the strategic development plan ratified or adopted 25 29 pursuant to this section. The joint development plan shall 25 30 describe development planned for the strategic development 25 31 area, including proposed zoning classifications, the location 25 32 of public buildings, and the provision of public benefits and 25 33 services and public improvements. The joint development plan 25 34 may be executed as an agreement under chapter 28E. 25 35 Sec. 25. NEW SECTION. 366.9 RECORDING AND FILING OF 26 1 STRATEGIC DEVELOPMENT PLAN. 26 2 No later than five days after a strategic development plan 26 3 has been finally ratified as provided in section 366.6 or 26 4 after it has been approved by the land management planning 26 5 board as provided in section 366.8, the local strategic 26 6 development committee shall record a copy of the plan in the 26 7 office of county recorder. The plan shall become effective 26 8 upon its recording with the county recorder. 26 9 All ratified or approved strategic development plans must 26 10 be filed with the land management planning board. 26 11 Sec. 26. NEW SECTION. 366.10 EFFECTIVENESS. 26 12 After a strategic development plan has been recorded with 26 13 the county recorder, the plan shall remain in effect for not 26 14 less than five years absent a showing of extraordinary 26 15 circumstances necessitating a change in the plan. After 26 16 expiration of the five-year period, the county or a 26 17 participating city may propose an amendment to the strategic 26 18 development plan or may propose a review of the plan by filing 26 19 notice with the county board of supervisors for the county, 26 20 the city council of each city in the county, and any other 26 21 participating city. Upon receipt of such notice, the county 26 22 board of supervisors and city councils of each participating 26 23 city shall promptly reconvene the local strategic planning 26 24 committee. The burden of proving the reasonableness of a 26 25 proposed amendment to the plan shall be upon the party 26 26 proposing the amendment. The procedures for amending the 26 27 strategic development plan shall be the same as the procedures 26 28 set forth in this chapter for establishing the original 26 29 strategic development plan. 26 30 Sec. 27. NEW SECTION. 366.11 APPEAL – JUDICIAL REVIEW. 26 31 1. The affected county, an affected participating city, a 26 32 resident of such county, or an owner of real property located 26 33 within such county may appeal a decision of the land 26 34 management planning board relating to the strategic 26 35 development plan presented to the board for its approval. A 27 1 resident of the affected county or an owner of real property 27 2 located within such county may appeal the local governments' 27 3 final ratification of a plan. The judicial review provisions 27 4 of this section and chapter 17A shall be the exclusive means 27 5 by which a person or party who is aggrieved or adversely 27 6 affected by action of the board, county, or a city may seek 27 7 judicial review of that board action. 27 8 2. Appeal must be filed within sixty days after the 27 9 strategic development plan is recorded with the county 27 10 recorder. In accordance with the Iowa rules of civil 27 11 procedure pertaining to service of process, copies of the 27 12 petition shall be served upon the land management planning 27 13 board, the county, and each city located in the county. 27 14 3. The court's review on appeal of a decision is limited 27 15 to questions relating to jurisdiction, regularity of 27 16 proceedings, and whether the decision appealed from is, by a 27 17 preponderance of the evidence, arbitrary, unreasonable, or 27 18 without substantial supporting evidence. The court may 27 19 reverse and remand a decision of the board with appropriate 27 20 directions to the county and the participating cities in order 27 21 to identify and obtain adoption or approval of a growth plan 27 22 in conformance with the procedures set forth in this part. 27 23 4. The filing of a petition for review does not stay the 27 24 effectiveness of the strategic development plan or recognition 27 25 of strategic development areas and strategic preservation 27 26 areas identified in the plan. However, the court may order a 27 27 stay upon appropriate terms if it is shown to the satisfaction 27 28 of the court that any party or the public at large is likely 27 29 to suffer significant injury if a stay is not granted. If 27 30 more than one petition for review regarding a single board 27 31 decision is filed, all such petitions shall be consolidated 27 32 and tried as a single civil action. 27 33 5. The following portions of section 17A.19 are not 27 34 applicable to this chapter: 27 35 a. The portion of subsection 2 relating to where 28 1 proceedings for judicial review shall be instituted. 28 2 b. Subsection 5. 28 3 c. Subsection 8. 28 4 d. Subsections 10 through 12. 28 5 Sec. 28. NEW SECTION. 366.12 LOCAL LEGISLATION. 28 6 1. A city or county may adopt local legislation regulating 28 7 development within its territory in order to carry out the 28 8 purposes of this chapter that is consistent with the strategic 28 9 development plan governing the territory. A city or county 28 10 shall cooperate with any other city or county, which is a 28 11 party to a strategic development plan in adopting local 28 12 legislation regulating development within a strategic 28 13 development area or a strategic preservation area. The local 28 14 legislation may provide for all of the following: 28 15 a. Defraying development costs incurred by the local 28 16 government to the extent determined appropriate by the local 28 17 government. The local legislation may provide for financing 28 18 the construction of basic improvements and the delivery of 28 19 public benefits and services to its territory, including the 28 20 imposition of any impact fees to defray the costs of providing 28 21 off-site or adjacent basic improvements or public benefits and 28 22 services. 28 23 b. Providing for the establishment of conservation 28 24 easements; the acquisition of development rights, including 28 25 the purchase of development rights or the transfer of 28 26 development rights; and development standards. 28 27 2. A local government is under no obligation to provide 28 28 public benefits and services for development that do not 28 29 conform to the local government's strategic development plan. 28 30 Sec. 29. NEW SECTION. 366.13 REGIONAL DEVELOPMENT 28 31 AUTHORITIES. 28 32 A regional development authority shall not provide 28 33 development assistance, including planning, investigations, or 28 34 studies, that is inconsistent with a strategic development 28 35 plan for the area served by the regional development 29 1 authority. 29 2 DIVISION III 29 3 CITY DEVELOPMENT 29 4 Sec. 30. Section 368.1, subsection 3, Code 1999, is 29 5 amended to read as follows: 29 6 3. "Board" means thecity developmentland management 29 7 planning board established in section368.96C.5. 29 8 Sec. 31. Section 368.1, subsection 6, Code 1999, is 29 9 amended to read as follows: 29 10 6. "Committee" means the board members, and the local 29 11 representatives appointed as provided insectionssection 29 12 368.14and 368.14A, to hear and make a decision on a petition 29 13 or plan for city development. 29 14 Sec. 32. Section 368.1, Code 1999, is amended by adding 29 15 the following new subsections: 29 16 NEW SUBSECTION. 10A. "Municipal services" means benefits 29 17 and services provided by a local government to persons 29 18 residing within the jurisdiction of the local government, 29 19 regardless of whether the benefits and services are provided 29 20 directly or by another person under contract with the local 29 21 government, including providing for the health and safety, 29 22 education, or transportation of the public. Municipal 29 23 services include, but are not limited to, fire protection and 29 24 suppression, law enforcement, the collection and disposal of 29 25 refuse, the delivery of public water and sewer facilities, and 29 26 ambulance or emergency care. 29 27 NEW SUBSECTION. 11A. "Regional development authority" 29 28 means a council of governments established pursuant to chapter 29 29 28H or a joint planning commission established pursuant to 29 30 chapter 28I. 29 31 Sec. 33. Section 368.6, Code 1999, is amended by striking 29 32 the section and inserting in lieu thereof the following: 29 33 368.6 PURPOSE. 29 34 The purpose of this chapter is to establish a process for 29 35 the approval of a petition for city development which is 30 1 consistent with a strategic development plan governing the 30 2 territory and which considers the desire of the residents of 30 3 the territory subject to a boundary change and the interests 30 4 of the residents of all territories affected by city 30 5 development. 30 6 Sec. 34. Section 368.7, subsection 4, unnumbered paragraph 30 7 2, Code 1999, is amended by striking the paragraph. 30 8 Sec. 35. Section 368.7A, subsection 1, Code 1999, is 30 9 amended to read as follows: 30 10 1. The board of supervisors of each affected county shall 30 11 notify thecity developmentland management planning board of 30 12 the existence of that portion of any secondary road which 30 13 extends to the center line but has not become part of the city 30 14 by annexation and has a common boundary with a city. The 30 15 notification shall include a legal description and a map 30 16 identifying the location of the secondary road. Thecity30 17developmentland management planning board shall provide 30 18 notice and an opportunity to be heard to each city in or next 30 19 to which the secondary road is located. Thecity development30 20 land management planning board shall certify that the 30 21 notification is correct and declare the road, or portion of 30 22 the road extending to the center line, annexed to the city as 30 23 of the date of certification. This section is not intended to 30 24 interfere with or modify existing chapter 28E agreements on 30 25 jurisdictional transfer of roads, or continuing negotiations 30 26 between jurisdictions. 30 27 Sec. 36. Section 368.11, unnumbered paragraph 1, Code 30 28 1999, is amended to read as follows: 30 29 A petition for incorporation, discontinuance, or boundary 30 30 adjustment may be filed with the board by a city council, a 30 31 county board of supervisors, a regional planning authority, or 30 32 five percent of thequalified electorsregistered voters of a 30 33 city or territory involved in the proposal. Notice of the 30 34 filing, including a copy of the petition and notice of the 30 35 date and time of the public meeting required in this section, 31 1 must beserveduponsent by certified mail to the council of 31 2 each city for which a discontinuance or boundary adjustment is 31 3 proposed, the board of supervisors for each county which 31 4 contains a portion of a city to be discontinued or territory 31 5 to be incorporated, annexed or severed, the council of a city 31 6 if an incorporation includes territory within the city's 31 7 urbanized area,andany regional planning authority for the 31 8 area involved, and each owner of land in the territory 31 9 including a person who has purchased the land under a real 31 10 estate contract under chapter 656 if the contract is recorded 31 11 with the county recorder. 31 12 Sec. 37. Section 368.11, unnumbered paragraph 2, Code 31 13 1999, is amended to read as follows: 31 14 Within ninety days of receipt of a petition, the board 31 15 shall initiate appropriate proceedings or dismiss the 31 16 petition. The board may combine for consideration petitions 31 17 or plans which concern the same territory or city or which 31 18 provide for a boundary adjustment or incorporation affecting 31 19 common territory. The combined petitions may be submitted for 31 20 consideration by aspeciallocal committee pursuant to section 31 21368.14A368.14. 31 22 Sec. 38. Section 368.11, subsection 8, Code 1999, is 31 23 amended to read as follows: 31 24 8.DescriptionA description of existing municipal 31 25 services, including but not limited to water supply, sewage 31 26 disposal, and fire and police protection and a description of 31 27 planned public improvements in the territory. 31 28 Sec. 39. Section 368.11, Code 1999, is amended by adding 31 29 the following new subsection: 31 30 NEW SUBSECTION. 14. A statement describing how the 31 31 boundary adjustment will conform to or further the city's 31 32 strategic development plan. 31 33 Sec. 40. Section 368.12, Code 1999, is amended to read as 31 34 follows: 31 35 368.12 DISMISSAL. 32 1 The board may dismiss a petition only if it finds that the 32 2 petition does not meet the requirements of this chapter, or 32 3 that substantially the same incorporation, discontinuance, or 32 4 boundary adjustment has been disapproved by a committee formed 32 5 to consider the proposal, or by the voters, within the two 32 6 years prior to the date the petition is filed with the board, 32 7 or that the territory to be annexed, or a portion of that 32 8 territory, has been voluntarily annexed under section 368.7, 32 9 or that the territory to be annexed is not located in the 32 10 strategic development area of the annexing city. The board 32 11 shall file for record a statement of each dismissal and the 32 12 reason for it, and shall promptly notify the parties to the 32 13 proceeding of its decision. 32 14 The board shall consider any objection by the county in 32 15 which the territory is located or any county which jointly 32 16 approved a strategic development plan with the county where 32 17 the territory is located. 32 18 Sec. 41. Section 368.15, Code 1999, is amended to read as 32 19 follows: 32 20 368.15 PUBLIC HEARING. 32 21 1. a. The committee shall conduct a public hearing on a 32 22 proposal as soon as practicable. Notice of the hearing must 32 23 be served upon the council of each city for which a 32 24 discontinuance or boundary adjustment is proposed, the county 32 25 board of supervisors for each county which contains a portion 32 26 of a city to be discontinued or territory to be incorporated, 32 27 annexed, or severed, each party to a strategic development 32 28 plan for the area involved prepared pursuant to chapter 366, 32 29 and any regional planning authority for the area involved. 32 30 Notice shall also be sent to all the owners of property 32 31 located within the territory subject to annexation. The 32 32 notice shall also be delivered to each person who has 32 33 purchased land within the territory under a real estate 32 34 contract under chapter 656, if the contract is recorded with 32 35 the county recorder and to all the owners of property 33 1 adjoining property located within the territory subject to 33 2 annexation. 33 3 b. A notice of the hearing, which includes a brief 33 4 description of the proposal and a statement of where the 33 5 petition or plan is available for public inspection, must be 33 6 published as provided in section 362.3, except that there must 33 7 be two publications in a newspaper having general circulation 33 8 in each city and each territory involved in the proposal. Any 33 9 person may submit written briefs, and in the committee's 33 10 discretion, may be heard on the proposal. The board may 33 11 subpoena witnesses and documents relevant to the proposal. 33 12 2. In considering a petition for a boundary adjustment, 33 13 the committee shall receive and weigh evidence of all of the 33 14 following: 33 15 a. The potential effect of the proposed city development 33 16 on adjacent areas, and on other local governments directly 33 17 affected, including but not limited to the potential impact of 33 18 the proposed boundary adjustment on future revenues of 33 19 affected local governments. 33 20 b. Whether the petition is based on a voluntary boundary 33 21 adjustment. 33 22 c. The desire of persons residing in the territory to be 33 23 annexed. 33 24 3. If the petition is for an annexation, the board shall 33 25 receive and weigh evidence of all of the following: 33 26 a. Existing and projected commercial and industrial 33 27 development within the territory to be annexed. 33 28 b. Existing and projected population in the territory to 33 29 be annexed. 33 30 c. A plan of annexation which the city must file with the 33 31 petition. The plan of annexation shall include a joint 33 32 development plan for the strategic development area subject to 33 33 annexation as required in section 366.8. The plan of 33 34 annexation shall include a schedule for providing municipal 33 35 services and constructing proposed public improvements. The 34 1 board shall consider the potential effects of extending 34 2 municipal services and constructing proposed public 34 3 improvements as required in the plan of annexation, including 34 4 but not limited to the cost and adequacy of providing, 34 5 existing municipal services and constructing public 34 6 improvements within the territory to be annexed. 34 7 d. The extent of available and suitable developable land 34 8 within the corporate limits of the city. 34 9 e. The extent to which the bounded territory included in 34 10 the proposed annexation is as compact and contiguous to the 34 11 city as possible. 34 12 f. The extent to which a voluntary boundary adjustment was 34 13 attempted. 34 14 Sec. 42. Section 368.17, Code 1999, is amended by adding 34 15 the following new subsection: 34 16 NEW SUBSECTION. 8. An annexation or severance if such 34 17 annexation or severance would be in violation of the strategic 34 18 development plan for the county in which the territory is 34 19 located. 34 20 DIVISION IV 34 21 MISCELLANEOUS PROVISIONS 34 22 Sec. 43. Section 15.108, subsection 3, paragraph a, 34 23 subparagraph (2), Code 1999, is amended to read as follows: 34 24 (2) Provide office space and staff assistance to the city 34 25 development board as provided in section368.96C.5. 34 26 Sec. 44. Section 306.9, unnumbered paragraph 1, Code 1999, 34 27 is amended to read as follows: 34 28 It is the policy of the state of Iowa that relocation of 34 29 primary highways through cultivated land shall be avoided to 34 30 the maximum extent possible. When the volume of traffic for 34 31 which the road is designed or other conditions, including 34 32 designation as part of the network of commercial and 34 33 industrial highways, require relocation, diagonal routes shall 34 34 be avoided if feasible and prudent alternatives consistent 34 35 with efficient movement of traffic exist. The department 35 1 shall adopt rules pursuant to chapter 17A that establish an 35 2 analytical framework for determining when a primary highway 35 3 must be relocated through cultivated farmland, including by 35 4 using diagonal routes. The rules shall include a detailed 35 5 list of factors for use by the department in completing its 35 6 analysis in compliance with the state's policy. 35 7 Sec. 45. Section 331.304, subsection 7, Code 1999, is 35 8 amended to read as follows: 35 9 7. The board may file a petition with thecity development35 10 land management planning board as provided in section 368.11. 35 11 Sec. 46. Section 331.321, subsection 1, paragraph u, Code 35 12 1999, is amended to read as follows: 35 13 u. Local representatives to serve with thecity35 14developmentland management planning board as provided in 35 15 section 368.14. 35 16 Sec. 47. Section 331.507, subsection 2, unnumbered 35 17 paragraph 1, Code 1999, is amended to read as follows: 35 18 The auditoris entitled toshall collect the following 35 19 fees: 35 20 Sec. 48. Section 331.507, subsection 2, paragraph a, 35 21 unnumbered paragraph 1, Code 1999, is amended to read as 35 22 follows: 35 23 For a transfer of property made in the transfer records, 35 24fivenine dollars for each separate parcel of real estate 35 25 described in a deed, or transfer of title certified by the 35 26 clerk of the district court. However, the fee shall not 35 27 exceedfiftyfifty-four dollars for a transfer of property 35 28 which is described in one instrument of transfer. 35 29 Sec. 49. Section 331.507, subsection 3, Code 1999, is 35 30 amended to read as follows: 35 31 3. Fees collectedor receivedby the auditor under this 35 32 section shall be accounted for and paid as follows: 35 33 a. The first five dollars collected under this section for 35 34 each separate parcel of real estate, up to fifty dollars for 35 35 transfers of property described in one instrument shall be 36 1 paid into the county treasury as provided in section 331.902. 36 2 b. The remaining moneys collected under this section shall 36 3 be paid to the department of revenue and finance on a monthly 36 4 basis for deposit in the land management planning fund as 36 5 created in section 6C.7. 36 6 Sec. 50. Section 384.38, subsection 2, Code 1999, is 36 7 amended to read as follows: 36 8 2. Upon petition as provided in section 384.41, subsection 36 9 1, a city may assess to private property affected by public 36 10 improvements within three miles of the city's boundaries the 36 11 cost of construction and repair of public improvements within 36 12 that area. The right-of-way of a railway company shall not be 36 13 assessed unless the company joins as a petitioner for said 36 14 improvements. In the petition the property owners shall waive 36 15 the limitation provided in section 384.62 that an assessment 36 16 may not exceed twenty-five percent of the value of the lot. 36 17 The petition shall contain a statement that the owners agree 36 18 to pay the city an amount equal to five percent of the cost of 36 19 the improvements, to cover administrative expenses incurred by 36 20 the city. This amount may be added to the cost of the 36 21 improvements. Before the council may adopt the resolution of 36 22 necessity, the preliminary resolution, preliminary plans and 36 23 specifications, plat, schedule, and estimate of cost must be 36 24 submitted to, and receive written approval from, the board of 36 25 supervisors of any county which contains part of the property, 36 26 and the city development board established in section368.936 27 6C.5. 36 28 Sec. 51. Sections 368.4, 368.9, 368.10, and 368.14A, Code 36 29 1999, are repealed. 36 30 Sec. 52. IMPLEMENTATION OF ACT. The fees and funds 36 31 generated as a result of the enactment of this Act are 36 32 intended to cover the costs of any state mandate included in 36 33 this Act and this specification of state funding shall be 36 34 deemed to meet all the state funding-related requirements of 36 35 section 25B.2, subsection 3, and no additional state funding 37 1 shall be necessary for the full implementation of this Act by, 37 2 and enforcement of this Act against, all affected political 37 3 subdivisions. 37 4 Sec. 53. The person appointed by the director of the 37 5 department of economic development to serve on the land 37 6 management planning board as created in section 6C.5, as 37 7 enacted in this Act, shall be a member of the special 37 8 commission to study and make recommendations concerning urban 37 9 planning, growth management of cities, and protection of 37 10 farmland as provided in House Concurrent Resolution 21, as 37 11 passed by the Seventy-sixth General Assembly. 37 12 Sec. 54. EFFECTIVE DATES. 37 13 1. Except as provided in this section, this Act takes 37 14 effect July 1, 2000. 37 15 2. The land management planning board and the state 37 16 strategic development council as created in this Act shall be 37 17 appointed as soon as practical upon the enactment of this Act. 37 18 The entities shall carry out all functions necessary to 37 19 prepare for the administration of this Act beginning July 1, 37 20 2000. This subsection takes effect upon enactment. 37 21 EXPLANATION 37 22 This bill makes changes to the law relating to state and 37 23 local land management planning and development. 37 24 The bill creates the land management planning board, which 37 25 is the current city development board with expanded membership 37 26 and expanded duties. The land management planning board, 37 27 besides being involved with city development and annexation, 37 28 will provide oversight to the state strategic development 37 29 council and will oversee administration of claims 37 30 reimbursement from the land management planning fund to local 37 31 strategic development committees. The land management 37 32 planning fund is created to provide reimbursement to local 37 33 strategic development committees for costs incurred in 37 34 preparing a local strategic development plan. The bill 37 35 increases the fees paid to county auditors when a transfer of 38 1 property is recorded. A portion of the fee is retained by the 38 2 county and a portion is required to be paid over to the 38 3 department of revenue and finance for deposit in the land 38 4 management planning fund. 38 5 The bill establishes the state strategic development 38 6 council which is to oversee planning by state agencies 38 7 involved in major public projects. The bill provides that the 38 8 council shall prepare a state strategic development plan to be 38 9 implemented by state agencies involved with major public 38 10 projects. Membership on the council is composed of 38 11 representatives of the governor's office, the department of 38 12 economic development, the department of natural resources, the 38 13 state department of transportation, the department of 38 14 corrections, the department of general services, and the 38 15 office of the secretary of agriculture. Also, members on the 38 16 council are to include the state historic preservation 38 17 officer, a representative of the board of regents, and four 38 18 members of the general assembly. 38 19 The bill provides that, as of July 1, 2002, a public agency 38 20 may not award certain types of financial assistance to persons 38 21 for use in developing land if the development is not 38 22 consistent with the strategic development plan for the area. 38 23 The bill requires counties to implement a permanent land 38 24 use and natural resources inventory system. Iowa state 38 25 university is designated the repository for county land use 38 26 and natural resources inventories and shall provide computer 38 27 access to the inventories to the extent that moneys are 38 28 appropriated for these purposes. Iowa state university is 38 29 also required to provide technical assistance to counties in 38 30 implementing a permanent land use and natural resources 38 31 inventory system. 38 32 The bill requires each county and certain cities in the 38 33 county to form a strategic development committee by October 1, 38 34 2000, for the purpose of creating a strategic development 38 35 plan. The purpose of the plan is to direct the coordinated, 39 1 efficient, and orderly development of local governments, based 39 2 on an analysis of present and future land use needs. A 39 3 strategic development plan may identify areas for future 39 4 development and may identify strategic preservation areas 39 5 where development would not be allowed to occur. Prior to 39 6 final approval of a strategic development plan, the committee 39 7 is required to hold a public hearing on the proposed plan. 39 8 Plans are to be submitted by the committee to the 39 9 participating cities and county by January 1, 2002, for 39 10 ratification. If a proposed strategic development plan is not 39 11 ratified by the cities and county with membership on the local 39 12 strategic development committee, the plan and any proposed 39 13 changes are forwarded to the land management planning board 39 14 for dispute resolution. 39 15 Plans ratified by the cities and county or approved after 39 16 dispute resolution by the land management planning board are 39 17 to be recorded with the county recorder and filed with the 39 18 land management planning board. A plan does not take effect 39 19 until it is filed with the county recorder. A plan remains in 39 20 effect for five years. The bill provides that the strategic 39 21 development plan shall be the basis for the comprehensive plan 39 22 of the participating cities and county. 39 23 The bill also amends procedures relating to city 39 24 development and annexation. The bill defines "municipal 39 25 services" and "regional development authority" for purposes of 39 26 city development. 39 27 The bill amends the procedure for involuntary annexations 39 28 to provide that notice of the filing of an annexation petition 39 29 must include the date and time of the public meeting required 39 30 to be held on the petition. The notice must be sent by 39 31 certified mail. The bill provides that the owner of land 39 32 includes a person who has purchased land under a real estate 39 33 contract if the contract is recorded with the county recorder. 39 34 The bill amends the reasons for which the land management 39 35 planning board must dismiss a petition for involuntary 40 1 annexation to include that the area proposed to be annexed is 40 2 not located in a strategic development area. The bill also 40 3 provides that the board shall hear objections to a petition 40 4 from the county in which the territory to be annexed is 40 5 located and from any other county that participated in 40 6 creation of the strategic development plan which governs the 40 7 territory. 40 8 The bill provides that a local committee appointed to 40 9 consider an involuntary annexation petition shall consider as 40 10 evidence the potential effect of the boundary adjustment on 40 11 the provision of municipal services and the effect on other 40 12 local governments including future revenues of affected local 40 13 governments and the desire of persons residing in the 40 14 territory to be annexed. 40 15 The bill provides that a committee may not approve an 40 16 annexation or severance if such action would be in violation 40 17 of the strategic development plan for the county where the 40 18 territory to be annexed is located. 40 19 The bill repeals the section of the Code that required a 40 20 special local committee be appointed to consider competing 40 21 annexation petitions or plans, leaving the local committee to 40 22 consider such petitions or plans. 40 23 The bill is amended to require the state department of 40 24 transportation adopt rules establishing factors which must be 40 25 analyzed when determining when a primary highway must be 40 26 relocated through cultivated farmland. 40 27 The bill takes effect July 1, 2000. The bill directs, 40 28 however, that the portion of the bill requiring appointment of 40 29 members to the land management planning board and the state 40 30 strategic development council take effect upon enactment. 40 31 LSB 6519XC 78 40 32 sc/cf/24
Text: SSB03168 Text: SSB03170 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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