Text: HF00581 Text: HF00583 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 582 1 2 1 3 AN ACT 1 4 RELATING TO THE DIVISION AND DEVELOPMENT OF LAND BY AMENDING 1 5 PROVISIONS RELATING TO SUBDIVISION PLATS AND PLATS OF SURVEY 1 6 AND RELATING TO ANNEXATION AND OTHER BOUNDARY ADJUSTMENTS, 1 7 AND PROVIDING FOR THE ACT'S APPLICABILITY. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 354.8, unnumbered paragraph 1, Code 1 12 2001, is amended to read as follows: 1 13 A proposed subdivision plat lying within the jurisdiction 1 14 of a governing body shall be submitted to that governing body 1 15 for review and approval prior to recording.A city may1 16establish jurisdiction to review subdivisions outside its1 17boundaries pursuant to the provisions of section 354.9.1 18 Governing bodies shall apply reasonable standards and 1 19 conditions in accordance with applicable statutes and 1 20 ordinances for the review and approval of subdivisions. The 1 21 governing body, within sixty days of application for final 1 22 approval of the subdivision plat, shall determine whether the 1 23 subdivision conforms to its comprehensive plan and shall give 1 24 consideration to the possible burden on public improvements 1 25 and to a balance of interests between the proprietor, future 1 26 purchasers, and the public interest in the subdivision when 1 27 reviewing the proposed subdivision and when requiring the 1 28 installation of public improvements in conjunction with 1 29 approval of a subdivision. The governing body shall not issue 1 30 final approval of a subdivision plat unless the subdivision 1 31 plat conforms to sections 354.6, 354.11, and 355.8. 1 32 Sec. 2. Section 354.8, Code 2001, is amended by adding the 1 33 following new unnumbered paragraph: 1 34 NEW UNNUMBERED PARAGRAPH. A city may establish 1 35 jurisdiction to review subdivisions or plats of survey outside 2 1 its boundaries pursuant to the provisions of section 354.9. 2 2 In the case of a city, the provisions of this section apply to 2 3 the review by the city of both subdivision plats and plats of 2 4 survey. 2 5 Sec. 3. Section 354.9, subsections 1 and 2, Code 2001, are 2 6 amended to read as follows: 2 7 1. If a city, which has adopted ordinances regulating the 2 8 division of land, desires to review subdivision plats or plats 2 9 of survey for divisions or subdivisions outside the city's 2 10 boundaries, then the city shall establish by ordinance 2 11 specifically referring to the authority of this section, the 2 12 area subject to the city's review and approval. The area of 2 13 review may be identified by individual tracts, by describing 2 14 the boundaries of the area, or by including all land within a 2 15 certain distance of the city's boundaries, which shall not 2 16 extend more than two miles distance from the city's 2 17 boundaries. The ordinance establishing the area of review or 2 18 modifying the area of review by a city, shall be recorded in 2 19 the office of the recorder and filed with the county auditor. 2 20 2. If a subdivision lies in a county, which has adopted 2 21 ordinances regulating the division of land, and also lies 2 22 within the area of review established by a city pursuant to 2 23 this section, then the subdivision plat or plat of survey for 2 24 the division or subdivision shall be submitted to both the 2 25 city and county for approval. The standards and conditions 2 26 applied by a city or county for review and approval of the 2 27 subdivision shall be the same standards and conditions used 2 28 for review and approval of subdivisions within the city limits 2 29 or shall be the standards and conditions for review and 2 30 approval established by agreement of the city and county 2 31 pursuant to chapter 28E. Either the city or county may, by 2 32 resolution, waive its right to review the subdivision or waive 2 33 the requirements of any of its standards or conditions for 2 34 approval of subdivisions, and certify the resolution which 2 35 shall be recorded with the plat. 3 1 Sec. 4. Section 368.4, Code 2001, is amended to read as 3 2 follows: 3 3 368.4 ANNEXING MORATORIUM. 3 4 A city, following notice and hearing, may by resolution 3 5 agree with another city or cities to refrain from annexing 3 6 specifically described territory for a period not to exceed 3 7 ten years and, following notice and hearing, may by resolution 3 8 extend the agreement for subsequent periods not to exceed ten 3 9 years each. Notice of a hearing shall be served at least 3 10 thirty days before the hearing on the city development board, 3 11and aon the board of supervisors of the county in which the 3 12 territory is located, and on all persons owning land within 3 13 the area subject to the agreement. The notice shall include 3 14 the time and place of the hearing, describe the territory 3 15 subject to the proposed agreement, and the general terms of 3 16 the agreement. After passage of a resolution by the cities 3 17 approving the agreements, a copy of the agreement and a copy 3 18 of any resolution extending an agreement shall be filed with 3 19 the city development board withinthirtyten days of 3 20 enactment. If such an agreement is in force, the board shall 3 21 dismiss a petition or plan which violates the terms of the 3 22 agreement. 3 23 Sec. 5. Section 368.7, subsection 1, Code 2001, is amended 3 24 to read as follows: 3 25 1. All of the owners of land in a territory adjoining a 3 26 city may apply in writing to the council of the adjoining city 3 27 requesting annexation of the territory. Territory comprising 3 28 railway right-of-way or territory comprising not more than 3 29 twenty percent of the land area may be included in the 3 30 application without the consent of the owner to avoid creating 3 31 an island or to create more uniform boundaries if a copy of 3 32 the application is mailed by certified mail to the owner and 3 33 each affected public utility, at leasttenfourteen business 3 34 days prior to any action taken by the city council on the 3 35 application. The application must contain a legal description 4 1 and a map of the territory showing its location in 4 2 relationship to the city. An annexation including territory 4 3 comprising not more than twenty percent of the land area 4 4 without consent of the property owners is not complete without 4 5 approval by four-fifths of the members of the board after a 4 6 hearing for all affected property owners and the county. 4 7 Sec. 6. Section 368.7, subsection 1, Code 2001, is amended 4 8 by adding the following new unnumbered paragraph: 4 9 NEW UNNUMBERED PARAGRAPH. The city shall provide for a 4 10 public hearing on the application before approving or denying 4 11 it. The city shall provide written notice at least fourteen 4 12 business days prior to any action by the city council 4 13 regarding the application, including a public hearing, by 4 14 regular mail to the chairperson of the board of supervisors of 4 15 each county which contains a portion of the territory proposed 4 16 to be annexed, each public utility which serves the territory 4 17 proposed to be annexed, each owner of property located within 4 18 the territory to be annexed who is not a party to the 4 19 application, and each owner of property which adjoins the 4 20 territory to be annexed. The city shall publish notice of the 4 21 application and public hearing on the application in an 4 22 official county newspaper in each county which contains a 4 23 portion of the territory proposed to be annexed. Both the 4 24 written and published notice shall include the time and place 4 25 of the public hearing and a legal description of the territory 4 26 to be annexed. The city may assess the costs of providing 4 27 notice as required in this section to the applicants. 4 28 Sec. 7. Section 368.7, subsection 2, Code 2001, is amended 4 29 to read as follows: 4 30 2. An application for annexation of territory not within 4 31 an urbanized area of a city other than the city to which the 4 32 annexation is directed must be approved by resolution of the 4 33 council which receives the application. In the discretion of 4 34 a city council, the resolution may include a provision for a 4 35 transition for the imposition of taxes as provided in section 5 1 368.11, subsection 13. The city council shall mail a copy of 5 2 the application by certified mail to the board of supervisors 5 3 of each county which contains a portion of the territory at 5 4 least fourteen business days prior to any action taken by the 5 5 city council on the application. The council shall also 5 6 publish notice of the application in an official county 5 7 newspaper in each county which contains a portion of the 5 8 territory at least fourteen days prior to any action taken by 5 9 the council on the application. Upon receiving approval of 5 10 the council, the city clerk shall file a copy of the 5 11 resolution, map, and legal description of the territory 5 12 involved with the secretary of state, the county board of 5 13 supervisors of each county which contains a portion of the 5 14 territory, each affected public utility, and the state 5 15 department of transportation. The city clerk shall also 5 16 record a copy of the legal description, map, and resolution 5 17 with the county recorder of each county which contains a 5 18 portion of the territory. The secretary of state shall not 5 19 accept and acknowledge a copy of a legal description, map, and 5 20 resolution of annexation which would create an island. The 5 21 annexation is completed upon acknowledgment by the secretary 5 22 of state that the secretary of state has received the legal 5 23 description, map, and resolution. 5 24 Sec. 8. Section 368.7, subsection 3, Code 2001, is amended 5 25 to read as follows: 5 26 3. An application for annexation of territory within an 5 27 urbanized area of a city other than the city to which the 5 28 annexation is directed must be approved both by resolution of 5 29 the council which receives the application and by the board. 5 30 The board shall not approve an application which creates an 5 31 island. Notice of the application shall be mailed by 5 32 certified mail, by the city to which the annexation is 5 33 directed, at leasttenfourteen business days prior to any 5 34 action by the city council on the application to the council 5 35 of each city whose boundary adjoins the territory or is within 6 1 two miles of the territory, to the board of supervisors of 6 2 each county which contains a portion of the territory, each 6 3 affected public utility, and to the regional planning 6 4 authority of the territory. Notice of the application shall 6 5 be published in an official county newspaper in each county 6 6 which contains a portion of the territory at least ten 6 7 business days prior to any action by the city council on the 6 8 application. In the discretion of a city council, the 6 9 resolution may include a provision for a transition for the 6 10 imposition of taxes as provided in section 368.11, subsection 6 11 13. The annexation is completed when the board has filed and 6 12 recorded copies of applicable portions of the proceedings as 6 13 required by section 368.20, subsection 2. 6 14 Sec. 9. Section 368.11, unnumbered paragraph 4, Code 2001, 6 15 is amended to read as follows: 6 16 At leasttenfourteen business days before a petition for 6 17 involuntary annexation is filed as provided in this section, 6 18 the petitioner shall make its intention known by sending a 6 19 letter of intent by certified mail to the council of each city 6 20 whose urbanized area contains a portion of the territory, the 6 21 board of supervisors of each county which contains a portion 6 22 of the territory, the regional planning authority of the 6 23 territory involved, each affected public utility, and to each 6 24 property owner listed in the petition. The written 6 25 notification shall include notice that the petitioners shall 6 26 hold a public meeting on the petition for involuntary 6 27 annexation prior to the filing of the petition. 6 28 Sec. 10. NEW SECTION. 368.26 FAILURE TO PROVIDE 6 29 MUNICIPAL SERVICES. 6 30 If a city fails to provide municipal services to territory 6 31 involuntarily annexed, according to the plan filed pursuant to 6 32 section 368.11, within three years after city taxes are 6 33 imposed in the annexed territory, the city development board 6 34 shall initiate proceedings to sever the annexed territory from 6 35 the city. However, a city may appeal to the board for an 7 1 additional three years to provide municipal services if good 7 2 cause is shown. A petition for severance filed pursuant to 7 3 this section shall be filed and acted upon in the same manner 7 4 as a petition under section 368.11. For purposes of this 7 5 section and section 368.11, subsection 14, "municipal 7 6 services" means services selected by a landowner to be 7 7 provided by the city, including, but not limited to, water 7 8 supply, sewage disposal, street and road maintenance, and 7 9 police and fire protection. 7 10 Sec. 11. APPLICABILITY. This Act applies to applications, 7 11 petitions, or plans filed for annexation of territory on or 7 12 after the effective date of this Act. 7 13 7 14 7 15 7 16 BRENT SIEGRIST 7 17 Speaker of the House 7 18 7 19 7 20 7 21 MARY E. KRAMER 7 22 President of the Senate 7 23 7 24 I hereby certify that this bill originated in the House and 7 25 is known as House File 582, Seventy-ninth General Assembly. 7 26 7 27 7 28 7 29 MARGARET THOMSON 7 30 Chief Clerk of the House 7 31 Approved , 2002 7 32 7 33 7 34 7 35 THOMAS J. VILSACK 8 1 Governor
Text: HF00581 Text: HF00583 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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