Text: HF02177 Text: HF02179 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 STATE LAND MANAGEMENT AND PLANNING 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 Management Planning Act". 1 6 Sec. 2. NEW SECTION. 6C.2 LAND DEVELOPMENT AND USE – 1 7 STATE POLICY ESTABLISHED. 1 8 It is the policy of this state to provide for the sound and 1 9 orderly development and use of land and to provide for the 1 10 protection and preservation of the private and public interest 1 11 in the land, water, and related resources of this state for 1 12 the public health, safety, morals, and general welfare of 1 13 present and future generations. It is further the policy of 1 14 this state to preserve the use of prime agricultural land for 1 15 agricultural production and to preserve natural, cultural, and 1 16 historical areas while striking a balance between legitimate 1 17 public purposes and private property rights. 1 18 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS. 1 19 1. "Agricultural land" means agricultural land as that 1 20 term is defined in section 9H.1. 1 21 2. "Board" means the land management planning board 1 22 established in section 6C.5. 1 23 3. "Department" means the department of economic 1 24 development. 1 25 4. "Public agency" mean an agency as defined in section 1 26 17A.2, a county, a city, or other political subdivision, 1 27 including but not limited to a principal department as 1 28 provided in section 7E.5, a school corporation organized under 1 29 chapter 273 or 274, a community college as provided in chapter 1 30 260C, or a township as provided in chapter 359. 1 31 5. "Strategic development plan" means a plan adopted by a 1 32 county and the cities within the county and approved by the 1 33 land management planning board as provided in chapter 366. 1 34 Sec. 4. NEW SECTION. 6C.4 FINANCIAL ASSISTANCE 1 35 PROHIBITED. 2 1 1. Beginning with the fiscal year beginning July 1, 2004, 2 2 the following financial assistance programs shall be 2 3 unavailable in those counties and cities where land use and 2 4 development are not consistent with the strategic development 2 5 plan governing the area. 2 6 2. Financial assistance includes but is not limited to 2 7 moneys awarded from the following: 2 8 a. Community development block grants and programs funded 2 9 with community development block grant funds expended pursuant 2 10 to section 15.108. 2 11 b. The self-employment loan program created in section 2 12 15.241. 2 13 c. The targeted small business financial assistance 2 14 program created in section 15.247. 2 15 d. The community economic betterment account established 2 16 in section 15.320. 2 17 e. The community attraction and tourism program 2 18 established in section 15F.202. 2 19 f. The small business loan program created in section 2 20 16.62. 2 21 g. The economic development bond bank program established 2 22 pursuant to section 16.102. 2 23 h. The export business finance program created in section 2 24 16.122. 2 25 i. The sewage treatment and drinking water facilities 2 26 financing program created in section 16.131. 2 27 j. The revitalize Iowa's sound economy fund created in 2 28 section 315.2. 2 29 k. Tax increment financing created pursuant to section 2 30 403.19. 2 31 l. Tax exemptions within revitalization areas as provided 2 32 in chapter 404. 2 33 m. Intermodal surface transportation efficiency Act funds 2 34 or any subsequent federal authorization for transportation 2 35 funds. 3 1 Sec. 5. NEW SECTION. 6C.5 LAND MANAGEMENT PLANNING 3 2 BOARD. 3 3 1. A land management planning board is established as the 3 4 state's principal agency overseeing land management planning 3 5 by cities and counties. The board shall oversee the 3 6 administration of this chapter, and chapters 366 and 368, 3 7 monitor the effectiveness of public agencies in carrying out 3 8 the policy of this state as established in section 6C.2, and 3 9 study methods to successfully implement the policy. 3 10 2. The board shall be composed of the following members: 3 11 a. One member appointed from a city with a population of 3 12 twenty-five thousand or less. 3 13 b. One member appointed from a city with a population of 3 14 more than twenty-five thousand but less than seventy-five 3 15 thousand. 3 16 c. One member appointed from a city with a population of 3 17 seventy-five thousand or more. 3 18 d. One member appointed from a county with a population of 3 19 fifty thousand or less. 3 20 e. One member appointed from a county with a population of 3 21 more than fifty thousand but less than one hundred thousand. 3 22 f. One member appointed from a county with a population of 3 23 one hundred thousand or more. 3 24 g. One member appointed by the secretary of agriculture. 3 25 h. One member appointed by the director of the department 3 26 of natural resources. 3 27 i. One member appointed by the director of the department 3 28 of economic development. 3 29 j. Two members representing the general public. 3 30 3. With the exception of members appointed under 3 31 subsection 2, paragraphs "g", "h", and "i", the members shall 3 32 be appointed by the governor subject to confirmation by the 3 33 senate as provided in section 2.32. The appointments shall be 3 34 for six-year staggered terms beginning and ending as provided 3 35 in section 69.19, or for an unexpired term if a vacancy 4 1 occurs. No member shall serve more than two complete six-year 4 2 terms. 4 3 4. The board shall elect a chairperson each year. 4 4 5. Members of the board, other than a state officer or 4 5 employee, are entitled to receive a per diem as specified in 4 6 section 7E.6 for each day spent in performance of duties as 4 7 members, and shall be reimbursed for all actual and necessary 4 8 expenses incurred in the performance of duties as members. 4 9 6. The department shall provide office space and staff 4 10 assistance, and shall budget funds to cover expenses of the 4 11 board. The office of attorney general shall provide legal 4 12 counsel to the board. 4 13 Sec. 6. NEW SECTION. 6C.6 POWERS AND DUTIES OF THE 4 14 BOARD. 4 15 1. The board shall do all of the following: 4 16 a. Review strategic development plans submitted for 4 17 dispute resolution pursuant to section 366.6. 4 18 b. Review and approve plans submitted for final approval 4 19 pursuant to section 366.7. 4 20 c. Approve or disapprove petitions for boundary adjustment 4 21 as provided in chapter 368. 4 22 d. Establish policies for administration of the land 4 23 management planning fund created in section 6C.7. 4 24 e. Adopt rules pursuant to chapter 17A necessary to 4 25 administer its duties under this chapter and chapters 366 and 4 26 368. 4 27 2. The board may adopt forms to be completed and submitted 4 28 by cities and counties as necessary for the efficient 4 29 administration of this chapter and chapters 366 and 368. 4 30 Sec. 7. NEW SECTION. 6C.7 LAND MANAGEMENT PLANNING FUND. 4 31 1. A land management planning fund is created within the 4 32 state treasury under the control of the department. Moneys in 4 33 the fund shall be used exclusively to pay for the costs of 4 34 administration of this chapter and chapters 366 and 368 by the 4 35 department. 5 1 2. The fund shall consist of all of the following: 5 2 a. Moneys appropriated by the general assembly. 5 3 b. Moneys available to and obtained or accepted by the 5 4 department from the federal government or private sources for 5 5 deposit in the fund. 5 6 DIVISION II 5 7 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING 5 8 Sec. 8. NEW SECTION. 366.1 DEFINITIONS. 5 9 1. "Agricultural land" means agricultural land as defined 5 10 in section 9H.1. 5 11 2. "Board" means the land management planning board 5 12 created in section 6C.5. 5 13 3. "Municipal services" means benefits and services 5 14 provided by a local government to persons residing within its 5 15 jurisdiction, regardless of whether the benefits and services 5 16 are provided directly or by another person under contract with 5 17 the local government. Municipal services include but are not 5 18 limited to fire protection, law enforcement, waste collection 5 19 and disposal, public water supply and sewer facilities, 5 20 ambulance or emergency care, and streets and roads. 5 21 Sec. 9. NEW SECTION. 366.2 LOCAL STRATEGIC DEVELOPMENT 5 22 COMMITTEE. 5 23 1. A local strategic development committee is created 5 24 within each county. Members shall be appointed to the 5 25 committee on or before August 1, 2002. The committee shall be 5 26 composed of the following members: 5 27 a. Three members appointed by the county board of 5 28 supervisors. Two of the three members must be residents of 5 29 the unincorporated area of the county and must be actively 5 30 engaged in farming as provided in section 9H.1, subsection 1, 5 31 paragraphs "a" through "c". 5 32 b. One member appointed by the city council of each city 5 33 located in the county. 5 34 c. One member appointed by the mayor of each of the two 5 35 cities with the highest population located in the county. 6 1 2. A city shall be represented on a committee if any part 6 2 of the city is located in the county. However, if the portion 6 3 of the city in the county is less than one-half of the entire 6 4 geographical area of the city, the member representing the 6 5 city shall be a nonvoting member of the committee. 6 6 3. In counties where three or more cities are contiguous 6 7 and one or more of those cities crosses county boundaries, the 6 8 counties containing any part of one or more of those 6 9 contiguous cities may organize as one combined strategic 6 10 development committee. 6 11 4. The committee shall hold an organizational meeting no 6 12 later than ten days after appointment of members. The 6 13 organizational meeting shall be convened by the chairperson of 6 14 the county board of supervisors. 6 15 Sec. 10. NEW SECTION. 366.3 STRATEGIC DEVELOPMENT PLAN 6 16 – GOALS AND OBJECTIVES. 6 17 1. The local strategic development committee shall create 6 18 and recommend a strategic development plan for the county. 6 19 2. The purpose of a strategic development plan is to 6 20 direct coordinated, efficient, and orderly urban development 6 21 that will, based on an analysis of present and future needs, 6 22 best promote the public health, safety, morals, and general 6 23 welfare. The goals and objectives of a strategic development 6 24 plan include the following: 6 25 a. Encouraging a pattern of compact development in 6 26 strategic development areas. 6 27 b. Promoting redevelopment of existing urban areas. 6 28 c. Promoting employment opportunities and the economic 6 29 health of the county and all cities in the county. 6 30 d. Providing for a variety of housing choices throughout a 6 31 city and assuring affordable housing for future population 6 32 growth. 6 33 e. Identifying and conserving natural resource areas, 6 34 environmentally sensitive land, and features of significant 6 35 local, statewide, or regional architectural, cultural, 7 1 historical, or archaeological interest. 7 2 f. Preserving prime agricultural land for use in 7 3 agricultural production. 7 4 g. Protecting private property rights. 7 5 h. Ensuring that adequate municipal services are provided 7 6 concurrently with development. 7 7 i. Taking into consideration such other matters that are 7 8 related to the coordinated, efficient, and orderly development 7 9 of the county and all cities in the county. 7 10 Sec. 11. NEW SECTION. 366.4 STRATEGIC DEVELOPMENT PLAN 7 11 – REQUIREMENTS. 7 12 1. A strategic development plan shall divide the county 7 13 into strategic development areas where future development 7 14 would be allowed to occur and strategic preservation areas 7 15 where development would not be allowed. A strategic 7 16 development plan may address transportation, public 7 17 infrastructure, municipal services, economic development, 7 18 housing, and recreation. 7 19 2. The committee shall conduct a review of existing 7 20 comprehensive plans governing the county, if applicable, and 7 21 governing each city located in the county. 7 22 3. A strategic development plan shall include, at a 7 23 minimum, documents describing and depicting the corporate 7 24 limits of each city in the county and the boundaries of each 7 25 strategic development area and each strategic preservation 7 26 area. 7 27 4. a. In establishing a strategic development area, the 7 28 plan shall do all of the following: 7 29 (1) Identify territory that a reasonable and prudent 7 30 person would project as the likely site of commercial, 7 31 industrial, or residential growth over the next twenty years 7 32 based on historical experience, economic trends, population 7 33 growth patterns, topographical characteristics, and any 7 34 professional planning, engineering, and economic studies that 7 35 are available. The city shall report population growth 8 1 projections for the city based upon federal census data. 8 2 (2) Identify agricultural land which has a corn 8 3 suitability rating of sixty or higher, according to 8 4 information released by Iowa state university to the 8 5 department of revenue and finance for assessment and taxation 8 6 of agricultural land. Agricultural land with a corn 8 7 suitability rating of sixty or higher shall not be included in 8 8 a strategic development area unless the local strategic 8 9 development committee makes a showing that the land is 8 10 necessary for the orderly development of the strategic 8 11 development area. 8 12 b. In establishing a strategic preservation area, the plan 8 13 shall identify territory to be preserved for the next twenty 8 14 years for agricultural purposes, forests, recreational areas, 8 15 wildlife management areas, cultural areas, historical areas, 8 16 or other areas planned for preservation. 8 17 5. When designating that part of a strategic development 8 18 area contiguous to a city, the committee shall identify, and 8 19 give consideration to, the amount of territory within the 8 20 current incorporated boundaries of the city that is vacant or 8 21 undeveloped land. 8 22 6. The committee shall utilize planning resources that are 8 23 available within the county, including city and county 8 24 planning commissions, zoning administrators, and a council of 8 25 governments established pursuant to chapter 28H. The 8 26 committee is also encouraged to utilize the services of a 8 27 joint planning commission established pursuant to chapter 28I 8 28 and colleges and universities in the state. 8 29 Sec. 12. NEW SECTION. 366.5 LOCAL GOVERNMENT 8 30 RATIFICATION OF STRATEGIC DEVELOPMENT PLAN. 8 31 1. Before the committee submits the plan recommended for 8 32 ratification, the committee shall hold at least one public 8 33 hearing on the proposed recommended strategic development 8 34 plan. The county auditor shall publish notice of the time, 8 35 place, and purpose of the public hearing in a newspaper of 9 1 general circulation in the county. The notice must be 9 2 published at least ten days but no more than twenty days 9 3 before the hearing. 9 4 2. Not later than January 1, 2003, the committee shall 9 5 submit the recommended strategic development plan to the 9 6 county board of supervisors and the city council of each city 9 7 in the county. 9 8 a. Not later than sixty days after receiving the 9 9 recommended strategic development plan, the county board of 9 10 supervisors and each city council shall by resolution either 9 11 ratify or reject the recommended strategic development plan. 9 12 A city or county that fails to timely act on the resolution 9 13 shall be deemed to have ratified the recommended strategic 9 14 development plan on the last day of the sixty-day period. If 9 15 the strategic development plan is ratified, the committee 9 16 shall submit the plan to the land management planning board 9 17 for approval. 9 18 b. If the county board of supervisors or a city council 9 19 rejects the recommended strategic development plan submitted 9 20 by the committee, the county or city shall submit its 9 21 objections to the plan along with the notice of rejection. 9 22 After receiving objections to the plan, the committee may 9 23 recommend a revised strategic development plan no later than 9 24 sixty days after the recommended plan is rejected or may 9 25 resubmit the original plan. Before the committee submits the 9 26 revised plan recommended for ratification, the committee shall 9 27 hold at least one public hearing on the revised plan in the 9 28 manner provided in subsection 1. The committee shall submit 9 29 any revised strategic development plan to the county board of 9 30 supervisors and the city council of each city in the county 9 31 for ratification. 9 32 Not later than sixty days after receiving a revised 9 33 strategic development plan, the county board of supervisors 9 34 and each city council shall either ratify or reject the 9 35 revised strategic development plan in the same manner as 10 1 provided in paragraph "a". A city or county that fails to 10 2 timely act on a resolution shall be deemed to have ratified 10 3 the revised strategic development plan on the last day of the 10 4 sixty-day period. 10 5 Sec. 13. NEW SECTION. 366.6 DISPUTE RESOLUTION. 10 6 1. If a recommended strategic development plan and a 10 7 revised strategic development plan are rejected pursuant to 10 8 section 366.5, the committee shall submit each of the rejected 10 9 plans to the board for resolution of the matter within ten 10 10 days of rejection of the revised plan. The board shall review 10 11 the strategic development plans submitted by the committee and 10 12 may adopt such amendments to a plan necessary for its approval 10 13 by the board. 10 14 2. Not later than October 1, 2003, the board shall have 10 15 approved strategic development plans submitted to the board 10 16 for dispute resolution. Such approval is deemed to satisfy 10 17 the approval requirement of section 366.7. 10 18 Sec. 14. NEW SECTION. 366.7 PLAN SUBMITTED TO BOARD FOR 10 19 FINAL APPROVAL. 10 20 A strategic development plan ratified pursuant to section 10 21 366.5 shall be submitted to the board for approval within ten 10 22 days of ratification of the plan. If the board determines 10 23 that a plan conforms with the requirements of this chapter, 10 24 the board shall approve the plan. If the board determines 10 25 that a plan does not so conform, the board shall adopt such 10 26 amendments to the plan necessary for its approval by the 10 27 board. The board shall have approved all plans by October 1, 10 28 2003. 10 29 Sec. 15. NEW SECTION. 366.8 RECORDING OF STRATEGIC 10 30 DEVELOPMENT PLAN. 10 31 After the board has approved a strategic development plan, 10 32 the board shall retain a copy of the plan on file and shall 10 33 forward a copy to the county auditor who shall record the plan 10 34 in the office of county recorder no later than five days after 10 35 receiving the plan from the board. 11 1 Sec. 16. NEW SECTION. 366.9 DURATION OF PLANS – REVIEW 11 2 AND AMENDMENT. 11 3 After a strategic development plan has been recorded with 11 4 the county recorder, the plan shall remain in effect for not 11 5 less than five years absent a showing of extraordinary 11 6 circumstances necessitating a change in the plan. After 11 7 expiration of the five-year period, the county or a city in 11 8 the county may propose an amendment to the strategic 11 9 development plan or may propose a review of the plan by filing 11 10 notice with the county board of supervisors for the county and 11 11 the city council of each city in the county. Upon receipt of 11 12 such notice by the county and each city, the county board of 11 13 supervisors shall promptly reconvene the local strategic 11 14 planning committee. The burden of proving the reasonableness 11 15 of a proposed amendment to the plan shall be upon the party 11 16 proposing the amendment. The procedures for amending the 11 17 strategic development plan shall be the same as the procedures 11 18 set forth in this chapter for creating the original strategic 11 19 development plan. 11 20 Sec. 17. NEW SECTION. 366.10 JUDICIAL REVIEW. 11 21 1. The county, a city in the county, a resident of the 11 22 county, or an owner of real property located in the county may 11 23 seek judicial review of a decision of the board relating to 11 24 the strategic development plan presented to the board for its 11 25 approval. The judicial review provisions of this section and 11 26 chapter 17A shall be the exclusive means by which a person or 11 27 party who is aggrieved or adversely affected by action of the 11 28 board may seek judicial review of the action of the board or 11 29 of a local government. 11 30 2. A petition for judicial review must be filed within 11 31 sixty days after the strategic development plan is recorded 11 32 with the county recorder. In accordance with the Iowa rules 11 33 of civil procedure pertaining to service of process, copies of 11 34 the petition shall be served upon the board. 11 35 3. The court's review is limited to questions relating to 12 1 jurisdiction, regularity of proceedings, and whether the 12 2 action of the board is, by a preponderance of the evidence, 12 3 arbitrary, unreasonable, or without substantial supporting 12 4 evidence. The court may nullify an action of the board and 12 5 return the plan with appropriate directions to the board. 12 6 4. The filing of a petition for judicial review does not 12 7 stay the effectiveness of the strategic development plan or 12 8 recognition of strategic development areas and strategic 12 9 preservation areas identified in the plan. However, the court 12 10 may order a stay upon appropriate terms if it is shown to the 12 11 satisfaction of the court that any party or the public at 12 12 large is likely to suffer significant injury if a stay is not 12 13 granted. If more than one petition for judicial review 12 14 regarding a single board action is filed, all such petitions 12 15 shall be consolidated and tried as a single civil action. 12 16 5. The following portions of section 17A.19 are not 12 17 applicable to this chapter: 12 18 a. The portion of subsection 2 relating to where 12 19 proceedings for judicial review shall be instituted. 12 20 b. Subsection 5. 12 21 c. Subsection 8. 12 22 d. Subsections 10 through 12. 12 23 Sec. 18. NEW SECTION. 366.11 LOCAL IMPLEMENTATION. 12 24 1. A city or county shall not adopt ordinances regulating 12 25 land development and management within its territory that are 12 26 inconsistent with the strategic development plan governing the 12 27 territory. 12 28 2. A strategic development plan approved pursuant to this 12 29 chapter shall be the basis for the comprehensive plan of each 12 30 county required pursuant to section 335.5, if the county has 12 31 adopted a zoning ordinance, and for the comprehensive plan of 12 32 each city in the county required pursuant to section 414.3. 12 33 The county and each city shall amend its comprehensive plan to 12 34 conform to the strategic development plan. After a strategic 12 35 development plan is approved, all land use decisions made by 13 1 the governing body of each city and county and the city's or 13 2 county's planning commission shall be consistent with the 13 3 strategic development plan. 13 4 3. A city or county is under no obligation to provide 13 5 municipal services for development that does not conform to 13 6 the applicable strategic development plan. 13 7 Sec. 19. NEW SECTION. 366.12 COUNCILS OF GOVERNMENTS AND 13 8 JOINT PLANNING COMMISSIONS. 13 9 A council of governments or joint planning commission, or 13 10 any other planning agency, shall not provide development 13 11 assistance, including planning, investigations, or studies, 13 12 that is inconsistent with a strategic development plan for the 13 13 area served by the council of governments or joint planning 13 14 commission. 13 15 Sec. 20. NEW SECTION. 414.32 REGULATORY INCENTIVES. 13 16 Cities shall provide regulatory incentives, including 13 17 expedited permitting and waiver of permit fees, for new 13 18 development, expansion of existing development, and 13 19 redevelopment within the incorporated boundaries of the city 13 20 in areas containing undeveloped or underdeveloped land or 13 21 buildings that are substandard, dilapidated, vacant, 13 22 abandoned, or functionally obsolete. 13 23 DIVISION III 13 24 CITY DEVELOPMENT 13 25 Sec. 21. Section 368.1, subsection 3, Code 2001, is 13 26 amended to read as follows: 13 27 3. "Board" means thecity developmentland management 13 28 planning board established in section368.96C.5. 13 29 Sec. 22. Section 368.1, Code 2001, is amended by adding 13 30 the following new subsection: 13 31 NEW SUBSECTION. 10A. "Municipal services" means benefits 13 32 and services provided by a local government to persons 13 33 residing within its jurisdiction, regardless of whether the 13 34 benefits and services are provided directly or by another 13 35 person under contract with the local government. Municipal 14 1 services include, but are not limited to, fire protection, law 14 2 enforcement, waste collection and disposal, public water 14 3 supply and sewer facilities, ambulance or emergency care, and 14 4 streets and roads. 14 5 Sec. 23. NEW SECTION. 368.5A ANNEXATION PROHIBITED – 14 6 STRATEGIC PRESERVATION AREAS. 14 7 Beginning October 1, 2003, only territory contained in a 14 8 strategic development area may be annexed. If an annexation 14 9 application or petition seeks to annex territory contained in 14 10 a strategic preservation area, the application or petition is 14 11 deemed invalid. 14 12 Sec. 24. Section 368.7A, subsection 1, Code 2001, is 14 13 amended to read as follows: 14 14 1. The board of supervisors of each affected county shall 14 15 notify thecity developmentland management planning board of 14 16 the existence of that portion of any secondary road which 14 17 extends to the center line but has not become part of the city 14 18 by annexation and has a common boundary with a city. The 14 19 notification shall include a legal description and a map 14 20 identifying the location of the secondary road. Thecity14 21developmentland management planning board shall provide 14 22 notice and an opportunity to be heard to each city in or next 14 23 to which the secondary road is located. Thecity development14 24 land management planning board shall certify that the 14 25 notification is correct and declare the road, or portion of 14 26 the road extending to the center line, annexed to the city as 14 27 of the date of certification. This section is not intended to 14 28 interfere with or modify existing chapter 28E agreements on 14 29 jurisdictional transfer of roads, or continuing negotiations 14 30 between jurisdictions. 14 31 Sec. 25. Section 368.11, Code Supplement 2001, is amended 14 32 by adding the following new unnumbered paragraph before 14 33 unnumbered paragraph 3: 14 34 NEW UNNUMBERED PARAGRAPH. Plans required by this section 14 35 to be filed with a petition shall include specific information 15 1 pertaining to estimated costs of implementing the plan, the 15 2 time frame involved in implementing the plan, and any other 15 3 specific information related to implementing the plan. 15 4 Sec. 26. Section 368.11, Code Supplement 2001, is amended 15 5 by adding the following new subsections: 15 6 NEW SUBSECTION. 14. Plans for extending municipal 15 7 services to be provided by the annexing city to the annexed 15 8 territory. 15 9 NEW SUBSECTION. 15. A statement describing how the 15 10 boundary adjustment will conform to the strategic development 15 11 plan governing the territory. 15 12 Sec. 27. NEW SECTION. 368.25 FAILURE TO PROVIDE 15 13 MUNICIPAL SERVICES. 15 14 If a city fails to provide municipal services to territory 15 15 involuntarily annexed, according to the plan filed pursuant to 15 16 section 368.11, within three years after the annexation 15 17 process is completed, the land management planning board shall 15 18 file a petition for severance to sever the annexed territory 15 19 from the city. The petition shall be filed and acted upon in 15 20 the same manner as a petition under section 368.11. For 15 21 purposes of this section and section 368.11, subsection 14, 15 22 "municipal services" includes, but is not limited to, water 15 23 supply, sewage disposal, solid waste collection, street and 15 24 road maintenance, and police and fire protection. 15 25 Sec. 28. Sections 368.9 and 368.10, Code 2001, are 15 26 repealed. 15 27 DIVISION IV 15 28 CORRESPONDING AMENDMENTS 15 29 Sec. 29. Section 15.108, subsection 3, paragraph a, 15 30 subparagraph (2), Code Supplement 2001, is amended to read as 15 31 follows: 15 32 (2) Provide office space and staff assistance to thecity15 33developmentland management planning board as provided in 15 34 section368.96C.5. 15 35 Sec. 30. Section 331.304, subsection 7, Code 2001, is 16 1 amended to read as follows: 16 2 7. The board may file a petition with thecity development16 3 land management planning board as provided in section 368.11. 16 4 Sec. 31. Section 331.321, subsection 1, paragraph t, Code 16 5 Supplement 2001, is amended to read as follows: 16 6 t. Local representatives to serve with thecity16 7developmentland management planning board as provided in 16 8 section 368.14. 16 9 Sec. 32. Section 384.38, subsection 2, Code 2001, is 16 10 amended to read as follows: 16 11 2. Upon petition as provided in section 384.41, subsection 16 12 1, a city may assess to private property affected by public 16 13 improvements within three miles of the city's boundaries the 16 14 cost of construction and repair of public improvements within 16 15 that area. The right-of-way of a railway company shall not be 16 16 assessed unless the company joins as a petitioner forsaid16 17 such improvements. In the petition the property owners shall 16 18 waive the limitation provided in section 384.62 that an 16 19 assessment may not exceed twenty-five percent of the value of 16 20 the lot. The petition shall contain a statement that the 16 21 owners agree to pay the city an amount equal to five percent 16 22 of the cost of the improvements, to cover administrative 16 23 expenses incurred by the city. This amount may be added to 16 24 the cost of the improvements. Before the council may adopt 16 25 the resolution of necessity, the preliminary resolution, 16 26 preliminary plans and specifications, plat, schedule, and 16 27 estimate of cost must be submitted to, and receive written 16 28 approval from, the board of supervisors of any county which 16 29 contains part of the property, and thecity developmentland 16 30 management planning board established in section368.96C.5. 16 31 Sec. 33. LAND MANAGEMENT PLANNING BOARD TRANSITION. Terms 16 32 of current city development board members shall continue until 16 33 the appointing authority has appointed the members of the land 16 34 management planning board. Upon enactment of this Act, the 16 35 appointing authority shall immediately appoint members of the 17 1 land management planning board. The appointing authority 17 2 shall provide for staggered terms for newly appointed members 17 3 of the land management planning board with four members being 17 4 appointed for six-year terms, four members being appointed for 17 5 four-year terms, and three members being appointed for two- 17 6 year terms. 17 7 Sec. 34. IMPLEMENTATION OF ACT. Section 25B.2, subsection 17 8 3, shall not apply to this Act. 17 9 Sec. 35. EFFECTIVE DATES. 17 10 1. The sections of this Act enacting Code sections 368.5A 17 11 and 368.25 and amending Code section 368.11 take effect 17 12 October 1, 2003. 17 13 2. The remainder of this Act takes effect May 1, 2002. 17 14 EXPLANATION 17 15 This bill makes changes to the law relating to local land 17 16 management planning and development. 17 17 The bill establishes a statewide land management planning 17 18 board, which is the current city development board with 17 19 expanded membership and expanded duties. The bill provides 17 20 for transition in membership between the city development 17 21 board and the land management planning board and provides for 17 22 appointment of new members. The land management planning 17 23 board, besides being involved with city development and 17 24 annexation, will oversee administration of the land management 17 25 planning fund. The land management planning fund is created 17 26 to help pay the costs of administering the board's duties. 17 27 The bill provides that, as of July 1, 2004, a public agency 17 28 shall not award certain types of financial assistance in 17 29 cities and counties where land use and development are not 17 30 consistent with the strategic development plan for the area. 17 31 Public agency is defined. 17 32 The bill requires each county and cities in the county to 17 33 establish a strategic development committee by August 1, 2002, 17 34 for the purpose of creating a strategic development plan for 17 35 the entire county. If a county has three or more contiguous 18 1 cities with one or more of the cities in one or more counties, 18 2 the counties may form one combined strategic development 18 3 committee. The purpose of the plan is to direct coordinated, 18 4 efficient, and orderly urban development. A strategic 18 5 development plan shall identify areas for future development 18 6 and shall identify strategic preservation areas where 18 7 development would not be allowed to occur. Prior to 18 8 recommendation of a strategic development plan, the committee 18 9 is required to hold a public hearing on the proposed plan. 18 10 Plans are to be submitted by the committee to the cities and 18 11 county by January 1, 2003, for ratification. If a proposed 18 12 strategic development plan is not ratified by the cities and 18 13 county, the committee shall revise the plan and submit it to 18 14 the cities and county for ratification. If the revised plan 18 15 is not ratified, both the recommended plan and the revised 18 16 plan are forwarded to the land management planning board for 18 17 dispute resolution. 18 18 A plan ratified by the cities and county must be approved 18 19 by the land management planning board. All plans must be 18 20 approved by the board by October 1, 2003. The board may amend 18 21 a plan. Approved plans must be recorded with the county 18 22 recorder and filed with the land management planning board. A 18 23 plan does not take effect until it is recorded with the county 18 24 recorder. A plan remains in effect for five years. The bill 18 25 provides that the strategic development plan shall be the 18 26 basis for the comprehensive zoning plan of the cities and 18 27 county. The bill requires cities to provide regulatory 18 28 incentives, such as expedited permitting and waiver of permit 18 29 fees, for development within certain parts of the city. 18 30 The bill prohibits annexation of territory in a strategic 18 31 preservation area and requires that annexation petitions 18 32 include a plan for providing municipal services to the annexed 18 33 territory within three years of annexation. The petition must 18 34 also include a statement that the annexation is in conformance 18 35 with the strategic development plan. The bill defines 19 1 "municipal services" for purposes of city development. Code 19 2 section 368.25 is enacted to require the land management 19 3 planning board to initiate an action for severance of 19 4 territory which had been involuntarily annexed to a city if 19 5 the city fails to provide municipal services to the territory 19 6 within three years of the date the annexation is completed. A 19 7 petition for severance filed by the board under these 19 8 circumstances is to be acted upon in the same manner as an 19 9 involuntary petition, and is subject to approval by the 19 10 committee of local representatives and is subject to approval 19 11 at an election. These amendments take effect October 1, 2003. 19 12 The bill may include a state mandate as defined in Code 19 13 section 25B.3. However, the bill makes inapplicable Code 19 14 section 25B.2, subsection 3, which would relieve a political 19 15 subdivision from complying with a state mandate if funding for 19 16 the cost of the state mandate is not provided or specified. 19 17 Therefore, political subdivisions are required to comply with 19 18 any state mandate included in the bill. 19 19 Except as otherwise noted, the bill takes effect May 1, 19 20 2002. 19 21 LSB 5415HH 79 19 22 sc/pj/5.1
Text: HF02177 Text: HF02179 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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