Text: HF00142 Text: HF00144 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 354.6, subsection 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. A subdivision plat shall be made when a tract of land 1 4 is subdivided by repeated divisions or simultaneous division 1 5 into three or more parcels, any of which are described by 1 6 metes and bounds descriptionfor which no plat of survey is1 7recorded. A subdivision plat is not required when land is 1 8 divided by conveyance to a governmental agency for public 1 9 improvements. 1 10 Sec. 2. Section 354.8, Code 2001, is amended to read as 1 11 follows: 1 12 354.8 REVIEW AND APPROVAL BY GOVERNING BODIES. 1 13 A proposed subdivision plat or plat of survey lying within 1 14 the jurisdiction of a governing body shall be submitted to 1 15 that governing body for review and approval prior to 1 16 recording. A city may establish jurisdiction to review 1 17 subdivisions or plats of survey outside its boundaries 1 18 pursuant to the provisions of section 354.9. Governing bodies 1 19 shall apply reasonable standards and conditions in accordance 1 20 with applicable statutes and ordinances for the review and 1 21 approval of subdivisions or plats of survey. The governing 1 22 body, within sixty days of application for final approval of 1 23 the subdivision plat or plat of survey, shall determine 1 24 whether the subdivision or plat of survey conforms to its 1 25 comprehensive plan and shall give consideration to the 1 26 possible burden on public improvements and to a balance of 1 27 interests between the proprietor, future purchasers, and the 1 28 public interest in the subdivision when reviewing the proposed 1 29 subdivision or plat of survey and when requiring the 1 30 installation of public improvements in conjunction with 1 31 approval of a subdivision. The governing body shall not issue 1 32 final approval of a subdivision plat or plat of survey unless 1 33 the subdivision plat or plat of survey conforms to sections 1 34 354.6, 354.11, and 355.8. 1 35 If the subdivision plat or plat of survey and all matters 2 1 related to final approval of the subdivision plat or plat of 2 2 survey conform to the standards and conditions established by 2 3 the governing body, including a city that has established 2 4 jurisdiction under section 354.9, and conform to this chapter 2 5 and chapter 355, the governing body, by resolution, shall 2 6 approve the plat and certify the resolution which shall be 2 7 recorded with the plat. The recorder shall refuse to accept a 2 8 subdivision plat or plat of survey presented for recording 2 9 without a resolution from each applicable governing body 2 10 approving the subdivision plat or waiving the right to review. 2 11 Sec. 3. Section 354.9, subsections 1 and 2, Code 2001, are 2 12 amended to read as follows: 2 13 1. If a city, which has adopted ordinances regulating the 2 14 division of land, desires to review subdivision plats or plats 2 15 of survey for divisions or subdivisions outside the city's 2 16 boundaries, then the city shall establish by ordinance 2 17 specifically referring to the authority of this section, the 2 18 area subject to the city's review and approval. The area of 2 19 review may be identified by individual tracts, by describing 2 20 the boundaries of the area, or by including all land within a 2 21 certain distance of the city's boundaries, which shall not 2 22 extend more than two miles distance from the city's 2 23 boundaries. The ordinance establishing the area of review or 2 24 modifying the area of review by a city, shall be recorded in 2 25 the office of the recorder and filed with the county auditor. 2 26 2. If a subdivision lies in a county, which has adopted 2 27 ordinances regulating the division of land, and also lies 2 28 within the area of review established by a city pursuant to 2 29 this section, then the subdivision plat or plat of survey for 2 30 the division or subdivision shall be submitted to both the 2 31 city and county for approval. The standards and conditions 2 32 applied by a city or county for review and approval of the 2 33 subdivision shall be the same standards and conditions used 2 34 for review and approval of subdivisions within the city limits 2 35 or shall be the standards and conditions for review and 3 1 approval established by agreement of the city and county 3 2 pursuant to chapter 28E. Either the city or county may, by 3 3 resolution, waive its right to review the subdivision or waive 3 4 the requirements of any of its standards or conditions for 3 5 approval of subdivisions, and certify the resolution which 3 6 shall be recorded with the plat. 3 7 Sec. 4. Section 368.4, Code 2001, is amended to read as 3 8 follows: 3 9 368.4 ANNEXING MORATORIUM. 3 10 A city, following notice and hearing, may by resolution 3 11 agree with another city or cities to refrain from annexing 3 12 specifically described territory for a period not to exceed 3 13 ten years and, following notice and hearing, may by resolution 3 14 extend the agreement for subsequent periods not to exceed ten 3 15 years each. Notice of a hearing shall be served at least 3 16 thirty days before the hearing on the city development board, 3 17and aon the board of supervisors of the county in which the 3 18 territory is located, and on all persons owning land within 3 19 the area subject to the agreement. Service shall be by 3 20 certified mail or personal service. The notice shall include 3 21 the time and place of the hearing, describe the territory 3 22 subject to the proposed agreement, and the general terms of 3 23 the agreement. After passage of a resolution by the cities 3 24 approving the agreements, a copy of the agreement and a copy 3 25 of any resolution extending an agreement shall be filed with 3 26 the city development board withinthirtyten days of 3 27 enactment. 3 28 The city development board shall review the agreement and 3 29 make a determination of approval or disapproval upon receipt 3 30 of a petition challenging the resolution. The petition must 3 31 be filed with the city development board by the county board 3 32 of supervisors of a county in which the territory is located 3 33 or by property owners comprising twenty-five percent of the 3 34 land area in the territory impacted by the agreement. The 3 35 petition must be filed within twenty days of enactment of the 4 1 resolution by the cities. If a petition is not filed with the 4 2 city development board, the agreement is deemed approved. The 4 3 city development board shall base its finding upon all 4 4 relevant information, including but not limited to the 4 5 following in descending order of importance: 4 6 1. The degree to which the agreement is consistent with 4 7 the ability of the respective cities and private service 4 8 providers to logically provide cost-effective services to the 4 9 area, including but not limited to water supply, sewer 4 10 disposal, road maintenance and repair, and fire and police. 4 11 2. The degree to which the agreement is consistent with 4 12 existing land use plans for the area. 4 13 3. The degree to which the agreement is consistent with 4 14 wishes of the landowners and residents of the territory. 4 15 4. The location of the territory in relation to each 4 16 city's urbanized area. 4 17 5. The degree to which the projected population growth 4 18 patterns of the communities is consistent with the agreement. 4 19 6. The degree to which the agreement is consistent with 4 20 street addresses and school districts of the territory. 4 21 PARAGRAPH DIVIDED. If such an agreement is in force, the 4 22 board shall dismissaan involuntary petition or plan which 4 23 violates the terms of the agreement. A voluntary annexation 4 24 of territory is not subject to the terms of an agreement 4 25 created pursuant to this section, and shall not be dismissed 4 26 on the basis that if would violate the terms of such an 4 27 agreement. 4 28 Sec. 5. Section 368.7, subsection 1, Code 2001, is amended 4 29 to read as follows: 4 30 1. All of the owners of land in a territory adjoining a 4 31 city may apply in writing to the council of the adjoining city 4 32 requesting annexation of the territory. Territory comprising 4 33 railway right-of-way or territory comprising not more than 4 34 twenty percent of the land area may be included in the 4 35 application without the consent of the owner to avoid creating 5 1 an island or to create more uniform boundaries if a copy of 5 2 the application is mailed by certified mail to the owner and 5 3 each affected public utility, at leasttenfourteen days prior 5 4 to any action taken by the city council on the application. 5 5 The application must contain a legal description and a map of 5 6 the territory showing its location in relationship to the 5 7 city. 5 8 An application for voluntary annexation of territory by a 5 9 city must be approved by resolution of the council that 5 10 receives the application. The city council shall approve or 5 11 deny the application following notice and public hearing as 5 12 required in this section. An annexation including territory 5 13 comprising not more than twenty percent of the land area 5 14 without consent of the property owners is not complete without 5 15 approval by four-fifths of the members of the board after a 5 16 hearing for all affected property owners and the county. Upon 5 17 approval of the annexation, the board shall file a copy of the 5 18 resolution, map, and legal description of the territory with 5 19 the county recorder of each county which contains a portion of 5 20 the territory. 5 21 Sec. 6. Section 368.7, Code 2001, is amended by adding the 5 22 following new subsection: 5 23 NEW SUBSECTION. 1A. The city shall provide for a public 5 24 hearing on the application before approving or denying it. 5 25 The city shall provide written notice at least fourteen days 5 26 prior to any action by the city council regarding the 5 27 application, including a public hearing, by certified mail to 5 28 the chairperson of the board of supervisors of each county 5 29 which contains a portion of the territory proposed to be 5 30 annexed, each public utility which serves the territory 5 31 proposed to be annexed, each owner of property located within 5 32 the territory to be annexed who is not a party to the 5 33 application, and each owner of property which adjoins the 5 34 territory to be annexed. The city shall publish notice of the 5 35 application and public hearing on the application in an 6 1 official county newspaper in each county which contains a 6 2 portion of the territory proposed to be annexed. Both the 6 3 written and published notice shall include the time and place 6 4 of the public hearing and a legal description of the territory 6 5 to be annexed. The city may assess the costs of providing 6 6 notice as required in this section to the applicants. 6 7 Sec. 7. Section 368.7, subsection 2, Code 2001, is amended 6 8 to read as follows: 6 9 2. An application for annexation of territory not within 6 10 an urbanized area of a city other than the city to which the 6 11 annexation is directed must be approved by resolution of the 6 12 council which receives the application. In the discretion of 6 13 a city council, the resolution may include a provision for a 6 14 transition for the imposition of taxes as provided in section 6 15 368.11, subsection 13. The city council shall mail a copy of 6 16 the application by certified mail to the board of supervisors 6 17 of each county which contains a portion of the territory at 6 18 least fourteen days prior to any action taken by the city 6 19 council on the application. The council shall also publish 6 20 notice of the application in an official county newspaper in 6 21 each county which contains a portion of the territory at least 6 22 fourteen days prior to any action taken by the council on the 6 23 application. Upon receiving approval of the council, the city 6 24 clerk shall file a copy of the resolution, map, and legal 6 25 description of the territory involved with the secretary of 6 26 state, the county board of supervisors of each county which 6 27 contains a portion of the territory, each affected public 6 28 utility, and the state department of transportation. The city 6 29 clerk shall also record a copy of the legal description, map, 6 30 and resolution with the county recorder of each county which 6 31 contains a portion of the territory. The secretary of state 6 32 shall not accept and acknowledge a copy of a legal 6 33 description, map, and resolution of annexation which would 6 34 create an island. The annexation is completed upon 6 35 acknowledgment by the secretary of state that the secretary of 7 1 state has received the legal description, map, and resolution. 7 2 Sec. 8. Section 368.9, subsection 2, paragraphs c and d, 7 3 Code 2001, are amended to read as follows: 7 4 c. One member, who resides in an unincorporated area, 7 5 appointed from a county with a population of more than fifty 7 6 thousand, according to the most recent certified federal 7 7 census. 7 8 d. One member, who resides in an unincorporated area, 7 9 appointed from a county with a population of fifty thousand or 7 10 less, according to the most recent certified federal census. 7 11 Sec. 9. Section 368.11, unnumbered paragraph 2, Code 2001, 7 12 is amended to read as follows: 7 13 Within thirty days of receipt of a petition, the board of 7 14 supervisors of each county where the territory is located 7 15 shall approve or disapprove the petition. The county auditor 7 16 shall immediately notify the city development board of the 7 17 county's decision. Within ninety days of receipt ofa7 18petitionnotification from the county, the city development 7 19 board shall initiate appropriate proceedings or dismiss the 7 20 petition. The board may combine for consideration petitions 7 21 or plans which concern the same territory or city or which 7 22 provide for a boundary adjustment or incorporation affecting 7 23 common territory. The combined petitions may be submitted for 7 24 consideration by a special local committee pursuant to section 7 25 368.14A. 7 26 Sec. 10. Section 368.11, Code 2001, is amended by adding 7 27 the following new subsections: 7 28 NEW SUBSECTION. 14. Plans for extending municipal 7 29 services to be provided by the annexing city to the annexed 7 30 territory within three years of completion of the annexation 7 31 process, which date is established pursuant to section 368.7 7 32 or 368.20. 7 33 NEW SUBSECTION. 15. Historical, current, transitional, 7 34 and projected land usage and density for the land 7 35 classifications established by the board within the boundaries 8 1 of the city and within the territory to be annexed. 8 2 NEW SUBSECTION. 16. Projection of the ability to meet 8 3 residential, commercial, and industrial development needs with 8 4 land currently within the boundaries of the city for the next 8 5 five years. 8 6 NEW SUBSECTION. 17. Projection of the ability of the 8 7 petitioner to absorb the costs of development, including 8 8 municipal services provided to owners or residents of land 8 9 located within the city limits, or owners or residents of the 8 10 land proposed to be annexed. 8 11 NEW SUBSECTION. 18. Identification of all agricultural 8 12 land located in the area proposed to be annexed and such 8 13 land's corn suitability rating. 8 14 NEW SUBSECTION. 19. Programs and incentives developed by 8 15 the petitioner to preserve agricultural, open space, and 8 16 environmentally sensitive land. 8 17 Sec. 11. Section 368.11, Code 2001, is amended by adding 8 18 the following new unnumbered paragraph before unnumbered 8 19 paragraph 4: 8 20 NEW UNNUMBERED PARAGRAPH. Plans required by this section 8 21 to be filed with a petition shall include specific information 8 22 pertaining to estimated costs of implementing the plan, the 8 23 time frame involved in implementing the plan, and any other 8 24 specific information related to implementing the plan. 8 25 Sec. 12. Section 368.14, subsection 3, Code 2001, is 8 26 amended to read as follows: 8 27 3. From a territory to be annexed to or severed from a 8 28 city, one representative residing in the territory to be 8 29 annexed to or severed from the city and appointed by the 8 30 county board of supervisors. If there are no registered 8 31 voters residing in an area to be annexed to or severed from a 8 32 city, the county board of supervisors shall appoint as local 8 33 representative an individual owning property in the territory 8 34 whether or not the individual is a registered voter or appoint 8 35 a designee of such individual. If the territory is in more 9 1 than one county, the board shall direct the appointment of a 9 2 local representative from each county involved by its board of 9 3 supervisors. 9 4 Sec. 13. Section 368.16, Code 2001, is amended to read as 9 5 follows: 9 6 368.16 APPROVAL OF PROPOSAL. 9 7 Subject to section 368.17,the committee shall approve any9 8proposal which it finds to be in the public interest. Aa 9 9 committee shall base its finding upon all relevant information 9 10 before the committee, including but not limited to the 9 11 following: 9 12 1. Statements in the petition or plan, and evidence 9 13 supporting or not supporting those statements. 9 14 2. Recommendations of the regional planning authority for 9 15 the area. 9 16 3.CommercialThe potential need, or lack thereof, for 9 17 territory to accommodate future commercial, residential, and 9 18 industrial development. 9 19 4. Potential growth in population causing the exhaustion 9 20 of available land in the city limits within the next ten 9 21 years. 9 22 5. Cost and adequacy of existing services and facilities 9 23 to the persons owning land located within the territory and to 9 24 persons owning land located within city limits. 9 25 6. Potential effect of the proposal and of possible 9 26 alternative proposals on the cost and adequacy of services and 9 27 facilities to the persons owning land located within the 9 28 territory and to persons owning land located within city 9 29 limits. 9 30 7. Potential effect of the proposal on adjacent areas, and 9 31 on any unit of government directly affected, including but not 9 32 limited to the potential effect on future revenues of any such 9 33 unit of government. 9 34 8. The wishes of the residents of the territory to be 9 35 annexed and of those residents affected by the annexation. 10 1 Sec. 14. Section 368.17, Code 2001, is amended by adding 10 2 the following new subsections: 10 3 NEW SUBSECTION. 8. An annexation of territory that 10 4 exceeds twenty-five percent of the land area within the 10 5 corporate limits of the city. 10 6 NEW SUBSECTION. 9. An annexation when providing municipal 10 7 services to land annexed will place an unreasonable financial 10 8 burden on landowners or residents within the city or 10 9 landowners or residents within the territory. 10 10 NEW SUBSECTION. 10. An annexation of agricultural land 10 11 when developed land adjacent to the city has not been annexed 10 12 to the city. 10 13 NEW SUBSECTION. 11. An annexation of territory for which 10 14 evidence exists that projected development density is low for 10 15 the type of projected development. 10 16 NEW SUBSECTION. 12. An annexation if agricultural land is 10 17 included in the territory to be annexed and such land is in 10 18 the top twenty-five percent of productive land in the county 10 19 based on its corn stability rating. 10 20 NEW SUBSECTION. 13. Annexation when accommodations are 10 21 not made to preserve existing agricultural activities on 10 22 agricultural land within the territory to be annexed until its 10 23 transition to urban development. 10 24 Sec. 15. NEW SECTION. 368.25 RECORDING DATE – VALUATION 10 25 OF PROPERTY. 10 26 If applicable portions of the annexation proceedings are 10 27 recorded with the county recorder on or before December 1 of 10 28 the calendar year in which the annexation was completed, the 10 29 annexing city may impose city taxes in the annexed territory 10 30 for the following fiscal year. If such recording is made 10 31 after December 1, taxes shall be imposed in the annexed 10 32 territory for the following fiscal year as if the territory 10 33 had not been annexed. 10 34 Sec. 16. NEW SECTION. 368.26 FAILURE TO PROVIDE 10 35 MUNICIPAL SERVICES. 11 1 If a city fails to provide municipal services to territory 11 2 involuntarily annexed, according to the plan filed pursuant to 11 3 section 368.11, within three years after the annexation 11 4 process is completed, the city development board shall 11 5 initiate proceedings to sever the annexed territory from the 11 6 city. A petition for severance filed pursuant to this section 11 7 shall be filed and acted upon in the same manner as a petition 11 8 under section 368.11. For purposes of this section and 11 9 section 368.11, subsection 14, "municipal services" includes, 11 10 but is not limited to, water supply, sewer disposal, solid 11 11 waste collection, street and road maintenance, and police and 11 12 fire protection. 11 13 Sec. 17. APPLICABILITY. This Act applies to applications, 11 14 petitions, or plans filed for boundary adjustment on or after 11 15 the effective date of this Act. 11 16 EXPLANATION 11 17 This bill makes changes to the law relating to development 11 18 of land by subdividing land and by annexation of territory and 11 19 other boundary adjustments. 11 20 Code section 354.6 is amended to require that a subdivision 11 21 plat be made when a tract of land is subdivided regardless of 11 22 whether or not a plat of survey is recorded for the 11 23 subdivision. 11 24 Code sections 354.8 and 354.9 are amended to give a city 11 25 council and board of supervisors authority to review for 11 26 approval subdivisions of land lying within their jurisdiction 11 27 for which a plat of survey has been prepared. Current law 11 28 gives them authority to review subdivision plats. 11 29 Code section 368.4, relating to annexing moratorium 11 30 agreements, is amended to require that notice of a hearing on 11 31 an agreement be served at least 30 days before the hearing. 11 32 Besides notice being served on the city development board, the 11 33 bill requires that notice also be served on the board of 11 34 supervisors of the county where the area is located and on all 11 35 landowners whose property is located in the area that is the 12 1 subject of the agreement. The bill provides that notice must 12 2 be served by certified mail or by personal service. The 12 3 county or property owners may challenge the moratorium 12 4 agreement by filing a petition with the city development 12 5 board. The bill amends Code section 368.4 to provide that a 12 6 voluntary annexation shall not be dismissed on the basis that 12 7 it violates the terms of an annexing moratorium agreement. 12 8 Code section 368.7 is amended to provide that an 12 9 application for voluntary annexation must be approved by 12 10 resolution of the city council after notice and public 12 11 hearing. The bill increases from 10 days to 14 days the time 12 12 period which must expire between the time a copy of an 12 13 application is mailed to each landowner and public utility and 12 14 the time at which the council may take action on the 12 15 application. The bill provides that the city must hold a 12 16 public hearing on the application and provide notice of the 12 17 hearing to the county board of supervisors, each land owner, 12 18 and each public utility in the territory to be annexed. The 12 19 bill provides that the city may assess the costs of providing 12 20 notice to the applicants. 12 21 Code section 368.7 is also amended, relating to annexation 12 22 applications involving territory within the urbanized area of 12 23 the annexing city and not within any other city's urbanized 12 24 area. The Code section is amended to provide that a copy of 12 25 the application for such annexations must be sent by certified 12 26 mail to the board of supervisors of the county at least 14 12 27 days prior to any action. The council is also required to 12 28 publish notice of the application at least 14 days prior to 12 29 any action taken by the council. Code section 368.7 is 12 30 amended to require that certain documents relating to all 12 31 voluntary annexations be filed with the county recorder. The 12 32 requirements for voluntary annexations contained as amendments 12 33 to Code section 368.7 in this bill currently are in place only 12 34 for voluntary annexations of territory within the urbanized 12 35 area of a city other than the annexing city. 13 1 Code section 368.9 is amended to provide that those members 13 2 of the city development board appointed to represent a county 13 3 must reside in the unincorporated area of the county. 13 4 Code section 368.11 is amended to require that a county 13 5 board of supervisors approve or disapprove an involuntary 13 6 annexation before it is reviewed by the city development 13 7 board. The board of supervisors must take action on the 13 8 petition within 30 days of receiving it. 13 9 Code section 368.11 is also amended to require that a city 13 10 include in its petition for involuntary annexation the city's 13 11 plans for providing municipal services to territory proposed 13 12 to be annexed. Specific information about soil conditions and 13 13 land preservation programs within the territory, and 13 14 historical and projected land usage is also required to be 13 15 contained in the plan. 13 16 Code section 368.11 is amended to require that each plan 13 17 required to be filed with a petition must contain specific 13 18 information relating to implementation of the plan. 13 19 Code section 368.14 is amended to provide that the member 13 20 of the local committee appointed by the board of supervisors 13 21 must be a resident of the territory to be annexed or severed. 13 22 The local committee is appointed to consider involuntary 13 23 annexation and severance petitions. 13 24 Code section 368.16 is amended to add more specific 13 25 information to the description of relevant information to be 13 26 considered by a local committee when considering whether to 13 27 approve a proposal. 13 28 Code section 368.17 is amended to add more reasons for 13 29 which the local committee may not approve a boundary 13 30 adjustment. 13 31 Code section 368.25 is enacted to provide that if documents 13 32 relating to the annexation which are required to be filed with 13 33 the county recorder are filed on or before December 1 of the 13 34 year the annexation was completed, taxes collected in the 13 35 annexed territory for the following fiscal year shall be 14 1 disbursed to the annexing city. If recording is made after 14 2 December 1, such taxes for the following fiscal year shall be 14 3 disbursed as if the territory had not been annexed. 14 4 Code section 368.26 is enacted to require the city 14 5 development board to initiate an action for severance of 14 6 territory which had been involuntarily annexed to a city if 14 7 the city fails to provide municipal services to the territory 14 8 within three years of the date the annexation is completed. A 14 9 petition for severance filed by the board under these 14 10 circumstances is to be acted upon in the same manner as an 14 11 involuntary petition, and is subject to approval by the 14 12 committee of local representatives and is subject to approval 14 13 at an election. 14 14 The bill applies to applications, petitions, or plans for 14 15 boundary adjustment filed on or after the effective date of 14 16 the bill. 14 17 LSB 1654YH 79 14 18 sc/cls/14.1
Text: HF00142 Text: HF00144 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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