Text: HF02566 Text: HF02568 Text: HF02500 - HF02599 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" means 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.5 LAND MANAGEMENT PLANNING 1 35 BOARD. 2 1 1. A land management planning board is established as the 2 2 state's principal agency overseeing land management planning 2 3 by cities and counties. The board shall oversee the 2 4 administration of this chapter, and chapters 366 and 368, 2 5 monitor the effectiveness of public agencies in carrying out 2 6 the policy of this state as established in section 6C.2, and 2 7 study methods to successfully implement the policy. 2 8 2. The board shall be composed of the following members: 2 9 a. One member appointed from a city with a population of 2 10 more than forty-five thousand, according to the most recent 2 11 certified federal census. 2 12 b. One member appointed from a city with a population of 2 13 forty-five thousand or less, according to the most recent 2 14 certified federal census. 2 15 c. One member appointed from a county with a population of 2 16 more than fifty thousand, according to the most recent 2 17 certified federal census. 2 18 d. One member appointed from a county with a population of 2 19 fifty thousand or less, according to the most recent certified 2 20 federal census. 2 21 e. One member appointed to represent the general public. 2 22 3. The members shall be appointed by the governor subject 2 23 to confirmation by the senate as provided in section 2.32. 2 24 The appointments shall be for six-year staggered terms 2 25 beginning and ending as provided in section 69.19, or for an 2 26 unexpired term if a vacancy occurs. No member shall serve 2 27 more than two complete six-year terms. 2 28 4. The board shall elect a chairperson each year. 2 29 5. Members of the board, other than a state officer or 2 30 employee, are entitled to receive a per diem as specified in 2 31 section 7E.6 for each day spent in performance of duties as 2 32 members, and shall be reimbursed for all actual and necessary 2 33 expenses incurred in the performance of duties as members. 2 34 6. The department shall provide office space and staff 2 35 assistance, and shall budget funds to cover expenses of the 3 1 board. The office of attorney general shall provide legal 3 2 counsel to the board. 3 3 Sec. 5. NEW SECTION. 6C.6 POWERS AND DUTIES OF THE 3 4 BOARD. 3 5 1. The board shall do all of the following: 3 6 a. Review strategic development plans submitted for 3 7 dispute resolution pursuant to section 366.6. 3 8 b. Review and approve plans submitted for final approval 3 9 pursuant to section 366.7. 3 10 c. Approve or disapprove petitions for boundary adjustment 3 11 as provided in chapter 368. 3 12 d. Establish policies for administration of the land 3 13 management planning fund created in section 6C.7. 3 14 e. Adopt rules pursuant to chapter 17A necessary to 3 15 administer its duties under this chapter and chapters 366 and 3 16 368. 3 17 2. The board may adopt forms to be completed and submitted 3 18 by cities and counties as necessary for the efficient 3 19 administration of this chapter and chapters 366 and 368. 3 20 Sec. 6. NEW SECTION. 6C.7 LAND MANAGEMENT PLANNING FUND. 3 21 1. A land management planning fund is created within the 3 22 state treasury under the control of the department. Moneys in 3 23 the fund shall be used exclusively to pay for the costs of 3 24 administration of this chapter and chapters 366 and 368 by the 3 25 department. 3 26 2. The fund shall consist of all of the following: 3 27 a. Moneys appropriated by the general assembly. 3 28 b. Moneys available to and obtained or accepted by the 3 29 department from the federal government or private sources for 3 30 deposit in the fund. 3 31 DIVISION II 3 32 LOCAL GOVERNMENT LAND MANAGEMENT AND PLANNING 3 33 Sec. 7. NEW SECTION. 366.1 DEFINITIONS. 3 34 1. "Agricultural land" means agricultural land as defined 3 35 in section 9H.1. 4 1 2. "Board" means the land management planning board 4 2 created in section 6C.5. 4 3 Sec. 8. NEW SECTION. 366.2 LOCAL STRATEGIC DEVELOPMENT 4 4 COMMITTEE. 4 5 1. A local strategic development committee is created 4 6 within each county. Members shall be appointed to the 4 7 committee on or before September 1, 2002. The committee shall 4 8 be composed of the following members: 4 9 a. Three members appointed by the county board of 4 10 supervisors. Two of the three members must be residents of 4 11 the unincorporated area of the county. 4 12 b. One member appointed by the city council of each city 4 13 located in the county. 4 14 c. One member appointed by the mayor of each of the two 4 15 cities with the highest population located in the county. 4 16 d. An additional member shall be appointed by the mayor of 4 17 each participating city for every fifty thousand residents in 4 18 the city. 4 19 2. A city shall be represented on a committee if any part 4 20 of the city is located in the county. However, if the portion 4 21 of the city in the county is less than one-half of the entire 4 22 geographical area of the city, the member representing the 4 23 city shall be a nonvoting member of the committee. 4 24 3. Two or more contiguous counties may organize as one 4 25 combined strategic development committee. 4 26 4. The committee shall hold an organizational meeting no 4 27 later than ten days after appointment of members. The 4 28 organizational meeting shall be convened by the chairperson of 4 29 the county board of supervisors. 4 30 Sec. 9. NEW SECTION. 366.3 STRATEGIC DEVELOPMENT PLAN – 4 31 GOALS AND OBJECTIVES. 4 32 1. The local strategic development committee shall create 4 33 and recommend a strategic development plan for the county. 4 34 2. The purpose of a strategic development plan is to 4 35 direct coordinated, efficient, and orderly urban development 5 1 that will, based on an analysis of present and future needs, 5 2 best promote the public health, safety, morals, and general 5 3 welfare. The goals and objectives of a strategic development 5 4 plan include the following: 5 5 a. Encouraging a pattern of compact development in 5 6 strategic development areas. 5 7 b. Promoting redevelopment of existing urban areas. 5 8 c. Promoting employment opportunities and the economic 5 9 health of the county and all cities in the county. 5 10 d. Providing for a variety of housing choices within 5 11 strategic development areas and assuring affordable housing 5 12 for future population growth. 5 13 e. Identifying and conserving natural resource areas, 5 14 environmentally sensitive land, and features of significant 5 15 local, statewide, or regional architectural, cultural, 5 16 historical, or archaeological interest. 5 17 f. Preserving land identified by the strategic development 5 18 committee as prime agricultural land for use in agricultural 5 19 production. 5 20 g. Balancing the need for land management regulations with 5 21 the protection of private property rights. 5 22 h. Ensuring the efficient use of infrastructure and that 5 23 adequate municipal services are provided concurrently with 5 24 development. 5 25 i. Taking into consideration such other matters that are 5 26 related to the coordinated, efficient, and orderly development 5 27 of the county and all cities in the county. 5 28 Sec. 10. NEW SECTION. 366.4 STRATEGIC DEVELOPMENT PLAN 5 29 – REQUIREMENTS. 5 30 1. A strategic development plan shall divide the county 5 31 into strategic development areas where future development 5 32 would be allowed to occur and strategic preservation areas 5 33 where development would not be allowed. A strategic 5 34 development plan shall address transportation, public 5 35 infrastructure, municipal services, economic development, 6 1 housing, recreation, natural resources, and land use. A 6 2 strategic development plan may address hazard mitigation, 6 3 energy systems, cultural preservation, and other elements 6 4 appropriate to the area governed by the plan. 6 5 2. The committee shall conduct a review of existing 6 6 comprehensive plans governing the county, if applicable, and 6 7 governing each city located in the county. 6 8 3. Before the committee drafts a strategic development 6 9 plan, the committee shall hold a public hearing in order to 6 10 obtain citizen input on preparation of the strategic 6 11 development plan. The hearing shall be held no later than 6 12 thirty days after the committee's organizational meeting. The 6 13 county auditor shall publish notice of the time, date, place, 6 14 and purpose of the public hearing in a newspaper of general 6 15 circulation in the county. The notice must be published not 6 16 less than ten days but no more than twenty days before the 6 17 hearing. The notice shall include a description of the 6 18 general duties of the strategic development committee and the 6 19 cities and counties represented on the strategic development 6 20 committee. 6 21 4. A strategic development plan shall include documents 6 22 describing and depicting the corporate limits of each city in 6 23 the county and the boundaries of each strategic development 6 24 area and each strategic preservation area. 6 25 5. a. In establishing a strategic development area, the 6 26 plan shall do all of the following: 6 27 (1) Identify territory that a reasonable and prudent 6 28 person would project as the likely site of commercial, 6 29 industrial, or residential growth over the next twenty years 6 30 based on historical experience, economic trends, population 6 31 growth patterns, topographical characteristics, and any 6 32 professional planning, engineering, and economic studies that 6 33 are available. The city shall report population growth 6 34 projections for the city based upon federal census data. 6 35 (2) Identify agricultural land which has a corn 7 1 suitability rating of sixty or higher, according to 7 2 information released by Iowa state university to the 7 3 department of revenue and finance for assessment and taxation 7 4 of agricultural land. Agricultural land with a corn 7 5 suitability rating of sixty or higher shall not be included in 7 6 a strategic development area unless the local strategic 7 7 development committee makes a showing that the land is 7 8 necessary for the orderly development of the strategic 7 9 development area. 7 10 b. In establishing a strategic preservation area, the plan 7 11 shall identify territory to be preserved for the next twenty 7 12 years for agricultural purposes, forests, recreational areas, 7 13 wildlife management areas, cultural areas, historical areas, 7 14 or other areas planned for preservation. 7 15 6. When designating that part of a strategic development 7 16 area contiguous to a city, the committee shall identify, and 7 17 give consideration to, the amount of territory within the 7 18 current incorporated boundaries of the city that is vacant or 7 19 undeveloped land. 7 20 7. The committee shall utilize planning resources that are 7 21 available within the county, including city and county 7 22 planning commissions, zoning administrators, and a council of 7 23 governments established pursuant to chapter 28H. The 7 24 committee is also encouraged to utilize the services of a 7 25 joint planning commission established pursuant to chapter 28I 7 26 and colleges and universities in the state. 7 27 Sec. 11. NEW SECTION. 366.5 LOCAL GOVERNMENT 7 28 RATIFICATION OF STRATEGIC DEVELOPMENT PLAN. 7 29 1. Before the committee submits the plan recommended for 7 30 ratification, the committee shall hold at least one public 7 31 hearing on the proposed recommended strategic development 7 32 plan. The county auditor shall publish notice of the time, 7 33 place, and purpose of the public hearing in a newspaper of 7 34 general circulation in the county. The notice must be 7 35 published at least ten days but no more than twenty days 8 1 before the hearing. 8 2 2. Not later than January 1, 2004, the committee shall 8 3 submit the recommended strategic development plan to the 8 4 county board of supervisors and the city council of each city 8 5 in the county. 8 6 a. Not later than sixty days after receiving the 8 7 recommended strategic development plan, the county board of 8 8 supervisors and each city council shall by resolution either 8 9 ratify or reject the recommended strategic development plan. 8 10 A city or county that fails to timely act on the resolution 8 11 shall be deemed to have ratified the recommended strategic 8 12 development plan on the last day of the sixty-day period. If 8 13 the strategic development plan is ratified, the committee 8 14 shall submit the plan to the land management planning board 8 15 for approval. 8 16 b. If the county board of supervisors or a city council 8 17 rejects the recommended strategic development plan submitted 8 18 by the committee, the county or city shall submit its 8 19 objections to the plan along with the notice of rejection. 8 20 After receiving objections to the plan, the committee may 8 21 recommend a revised strategic development plan no later than 8 22 sixty days after the recommended plan is rejected or may 8 23 resubmit the original plan. Before the committee submits the 8 24 revised plan recommended for ratification, the committee shall 8 25 hold at least one public hearing on the revised plan in the 8 26 manner provided in subsection 1. The committee shall submit 8 27 any revised strategic development plan to the county board of 8 28 supervisors and the city council of each city in the county 8 29 for ratification. 8 30 Not later than sixty days after receiving a revised 8 31 strategic development plan, the county board of supervisors 8 32 and each city council shall either ratify or reject the 8 33 revised strategic development plan in the same manner as 8 34 provided in paragraph "a". A city or county that fails to 8 35 timely act on a resolution shall be deemed to have ratified 9 1 the revised strategic development plan on the last day of the 9 2 sixty-day period. 9 3 Sec. 12. NEW SECTION. 366.6 DISPUTE RESOLUTION. 9 4 1. If a recommended strategic development plan and a 9 5 revised strategic development plan are rejected pursuant to 9 6 section 366.5, the committee shall submit each of the rejected 9 7 plans to the board for resolution of the matter within ten 9 8 days of rejection of the revised plan. The board shall review 9 9 the strategic development plans submitted by the committee and 9 10 may adopt such amendments to a plan necessary for its approval 9 11 by the board. 9 12 2. Not later than October 1, 2004, the board shall have 9 13 approved strategic development plans submitted to the board 9 14 for dispute resolution. Such approval is deemed to satisfy 9 15 the approval requirement of section 366.7. 9 16 Sec. 13. NEW SECTION. 366.7 PLAN SUBMITTED TO BOARD FOR 9 17 FINAL APPROVAL. 9 18 A strategic development plan ratified pursuant to section 9 19 366.5 shall be submitted to the board for approval within ten 9 20 days of ratification of the plan. If the board determines 9 21 that a plan conforms with the requirements of this chapter, 9 22 the board shall approve the plan. If the board determines 9 23 that a plan does not so conform, the board shall adopt such 9 24 amendments to the plan necessary for its approval by the 9 25 board. The board shall have approved all plans by January 1, 9 26 2005. 9 27 Sec. 14. NEW SECTION. 366.8 RECORDING OF STRATEGIC 9 28 DEVELOPMENT PLAN. 9 29 After the board has approved a strategic development plan, 9 30 the board shall retain a copy of the plan on file and shall 9 31 forward a copy to the county auditor who shall record the plan 9 32 in the office of county recorder no later than five days after 9 33 receiving the plan from the board. 9 34 Sec. 15. NEW SECTION. 366.9 DURATION OF PLANS – REVIEW 9 35 AND AMENDMENT. 10 1 After a strategic development plan has been recorded with 10 2 the county recorder, the plan shall remain in effect for not 10 3 less than five years absent a showing of extraordinary 10 4 circumstances necessitating a change in the plan. After 10 5 expiration of the five-year period, the county or a city in 10 6 the county may propose an amendment to the strategic 10 7 development plan or may propose a review of the plan by filing 10 8 notice with the county board of supervisors for the county and 10 9 the city council of each city in the county. Upon receipt of 10 10 such notice by the county and each city, the county board of 10 11 supervisors shall promptly reconvene the local strategic 10 12 planning committee. The burden of proving the reasonableness 10 13 of a proposed amendment to the plan shall be upon the party 10 14 proposing the amendment. The procedures for amending the 10 15 strategic development plan shall be the same as the procedures 10 16 set forth in this chapter for creating the original strategic 10 17 development plan. 10 18 Sec. 16. NEW SECTION. 366.10 JUDICIAL REVIEW. 10 19 1. The county, a city in the county, a resident of the 10 20 county, or an owner of real property located in the county may 10 21 seek judicial review of a decision of the board relating to 10 22 the strategic development plan presented to the board for its 10 23 approval. The judicial review provisions of this section and 10 24 chapter 17A shall be the exclusive means by which a person or 10 25 party who is aggrieved or adversely affected by action of the 10 26 board may seek judicial review of the action of the board or 10 27 of a local government. 10 28 2. A petition for judicial review must be filed within 10 29 sixty days after the strategic development plan is recorded 10 30 with the county recorder. In accordance with the Iowa rules 10 31 of civil procedure pertaining to service of process, copies of 10 32 the petition shall be served upon the board. 10 33 3. The court's review is limited to questions relating to 10 34 jurisdiction, regularity of proceedings, and whether the 10 35 action of the board is, by a preponderance of the evidence, 11 1 arbitrary, unreasonable, or without substantial supporting 11 2 evidence. The court may nullify an action of the board and 11 3 return the plan with appropriate directions to the board. 11 4 4. The filing of a petition for judicial review does not 11 5 stay the effectiveness of the strategic development plan or 11 6 recognition of strategic development areas and strategic 11 7 preservation areas identified in the plan. However, the court 11 8 may order a stay upon appropriate terms if it is shown to the 11 9 satisfaction of the court that any party or the public at 11 10 large is likely to suffer significant injury if a stay is not 11 11 granted. If more than one petition for judicial review 11 12 regarding a single board action is filed, all such petitions 11 13 shall be consolidated and tried as a single civil action. 11 14 5. The following portions of section 17A.19 are not 11 15 applicable to this chapter: 11 16 a. The portion of subsection 2 relating to where 11 17 proceedings for judicial review shall be instituted. 11 18 b. Subsection 5. 11 19 c. Subsection 8. 11 20 d. Subsections 10 through 12. 11 21 Sec. 17. NEW SECTION. 366.11 LOCAL IMPLEMENTATION. 11 22 1. A city or county shall not adopt ordinances regulating 11 23 land development and management within its territory that are 11 24 inconsistent with the strategic development plan governing the 11 25 territory. 11 26 2. A strategic development plan approved pursuant to this 11 27 chapter shall be the basis for the comprehensive plan of each 11 28 county required pursuant to section 335.5, if the county has 11 29 adopted a zoning ordinance, and for the comprehensive plan of 11 30 each city in the county required pursuant to section 414.3. 11 31 The county and each city shall amend its comprehensive plan to 11 32 conform to the strategic development plan. After a strategic 11 33 development plan is approved, all land use decisions made by 11 34 the governing body of each city and county and the city's or 11 35 county's planning commission shall be consistent with the 12 1 strategic development plan. 12 2 3. A city or county is under no obligation to provide 12 3 municipal services for development that does not conform to 12 4 the applicable strategic development plan. 12 5 Sec. 18. NEW SECTION. 414.32 REGULATORY INCENTIVES. 12 6 Cities shall provide regulatory incentives, including 12 7 expedited permitting and waiver of permit fees, for new 12 8 development, expansion of existing development, and 12 9 redevelopment within all or part of the incorporated 12 10 boundaries of the city in areas containing undeveloped or 12 11 underdeveloped land or buildings that are substandard, 12 12 dilapidated, vacant, abandoned, or functionally obsolete. 12 13 DIVISION III 12 14 CITY DEVELOPMENT 12 15 Sec. 19. Section 368.1, subsection 3, Code 2001, is 12 16 amended to read as follows: 12 17 3. "Board" means thecity developmentland management 12 18 planning board established in section368.96C.5. 12 19 Sec. 20. NEW SECTION. 368.5A ANNEXATION PROHIBITED – 12 20 STRATEGIC PRESERVATION AREAS. 12 21 Beginning January 1, 2005, only territory contained in a 12 22 strategic development area may be annexed. The city council 12 23 or land management planning board shall not approve any 12 24 application or petition that seeks to annex territory 12 25 contained in a strategic preservation area. 12 26 Sec. 21. Section 368.7A, subsection 1, Code 2001, is 12 27 amended to read as follows: 12 28 1. The board of supervisors of each affected county shall 12 29 notify thecity developmentland management planning board of 12 30 the existence of that portion of any secondary road which 12 31 extends to the center line but has not become part of the city 12 32 by annexation and has a common boundary with a city. The 12 33 notification shall include a legal description and a map 12 34 identifying the location of the secondary road. Thecity12 35developmentland management planning board shall provide 13 1 notice and an opportunity to be heard to each city in or next 13 2 to which the secondary road is located. Thecity development13 3 land management planning board shall certify that the 13 4 notification is correct and declare the road, or portion of 13 5 the road extending to the center line, annexed to the city as 13 6 of the date of certification. This section is not intended to 13 7 interfere with or modify existing chapter 28E agreements on 13 8 jurisdictional transfer of roads, or continuing negotiations 13 9 between jurisdictions. 13 10 Sec. 22. Section 368.11, Code Supplement 2001, is amended 13 11 by adding the following new unnumbered paragraph before 13 12 unnumbered paragraph 3: 13 13 NEW UNNUMBERED PARAGRAPH. Plans required by this section 13 14 to be filed with a petition shall include specific information 13 15 pertaining to estimated costs of implementing the plan, the 13 16 time frame involved in implementing the plan, and any other 13 17 specific information related to implementing the plan. 13 18 Sec. 23. Section 368.11, Code Supplement 2001, is amended 13 19 by adding the following new subsection: 13 20 NEW SUBSECTION. 14. A statement describing how the 13 21 boundary adjustment will conform to the strategic development 13 22 plan governing the territory. 13 23 Sec. 24. Sections 368.9 and 368.10, Code 2001, are 13 24 repealed. 13 25 DIVISION IV 13 26 CORRESPONDING AMENDMENTS 13 27 Sec. 25. Section 15.108, subsection 3, paragraph a, 13 28 subparagraph (2), Code Supplement 2001, is amended to read as 13 29 follows: 13 30 (2) Provide office space and staff assistance to thecity13 31developmentland management planning board as provided in 13 32 section368.96C.5. 13 33 Sec. 26. Section 331.304, subsection 7, Code 2001, is 13 34 amended to read as follows: 13 35 7. The board may file a petition with thecity development14 1 land management planning board as provided in section 368.11. 14 2 Sec. 27. Section 331.321, subsection 1, paragraph t, Code 14 3 Supplement 2001, is amended to read as follows: 14 4 t. Local representatives to serve with thecity14 5developmentland management planning board as provided in 14 6 section 368.14. 14 7 Sec. 28. Section 384.38, subsection 2, Code 2001, is 14 8 amended to read as follows: 14 9 2. Upon petition as provided in section 384.41, subsection 14 10 1, a city may assess to private property affected by public 14 11 improvements within three miles of the city's boundaries the 14 12 cost of construction and repair of public improvements within 14 13 that area. The right-of-way of a railway company shall not be 14 14 assessed unless the company joins as a petitioner forsaid14 15 such improvements. In the petition the property owners shall 14 16 waive the limitation provided in section 384.62 that an 14 17 assessment may not exceed twenty-five percent of the value of 14 18 the lot. The petition shall contain a statement that the 14 19 owners agree to pay the city an amount equal to five percent 14 20 of the cost of the improvements, to cover administrative 14 21 expenses incurred by the city. This amount may be added to 14 22 the cost of the improvements. Before the council may adopt 14 23 the resolution of necessity, the preliminary resolution, 14 24 preliminary plans and specifications, plat, schedule, and 14 25 estimate of cost must be submitted to, and receive written 14 26 approval from, the board of supervisors of any county which 14 27 contains part of the property, and thecity developmentland 14 28 management planning board established in section368.96C.5. 14 29 Sec. 29. LAND MANAGEMENT PLANNING BOARD TRANSITION. Terms 14 30 of current city development board members shall continue until 14 31 their expiration. 14 32 Sec. 30. IMPLEMENTATION OF ACT. Section 25B.2, subsection 14 33 3, shall not apply to this Act. 14 34 Sec. 31. EFFECTIVE DATES. 14 35 1. The sections of this Act enacting Code section 368.5A 15 1 and amending Code section 368.11 take effect January 1, 2005. 15 2 2. The remainder of this Act takes effect May 1, 2002. 15 3 EXPLANATION 15 4 This bill makes changes to the law relating to local land 15 5 management planning and development. 15 6 The bill establishes a statewide land management planning 15 7 board, which is the current city development board with 15 8 expanded duties. The land management planning board, besides 15 9 being involved with city development and annexation, will 15 10 oversee administration of the land management planning fund. 15 11 The land management planning fund is created to help pay the 15 12 costs of administering the board's duties. 15 13 The bill requires each county and cities in the county to 15 14 establish a strategic development committee by September 1, 15 15 2002, for the purpose of creating a strategic development plan 15 16 for the entire county. Two or more contiguous counties may 15 17 form one combined strategic development committee. Prior to 15 18 writing a strategic development plan, the committee is to hold 15 19 a public hearing. The purpose of the plan is to direct 15 20 coordinated, efficient, and orderly urban development. A 15 21 strategic development plan shall identify areas for future 15 22 development and shall identify strategic preservation areas 15 23 where development would not be allowed to occur. Prior to 15 24 recommendation of a strategic development plan, the committee 15 25 is required to hold a public hearing on the proposed plan. 15 26 Plans are to be submitted by the committee to the cities and 15 27 county by January 1, 2004, for ratification. If a proposed 15 28 strategic development plan is not ratified by the cities and 15 29 county, the committee shall revise the plan and submit it to 15 30 the cities and county for ratification. If the revised plan 15 31 is not ratified, both the recommended plan and the revised 15 32 plan are forwarded to the land management planning board for 15 33 dispute resolution. The board must dispose of plans submitted 15 34 for dispute resolution by October 1, 2004. 15 35 A plan ratified by the cities and county must be approved 16 1 by the land management planning board. All plans must be 16 2 approved by the board by January 1, 2005. The board may amend 16 3 a plan. Approved plans must be recorded with the county 16 4 recorder and filed with the land management planning board. A 16 5 plan does not take effect until it is recorded with the county 16 6 recorder. A plan remains in effect for five years. The bill 16 7 provides that the strategic development plan shall be the 16 8 basis for the comprehensive zoning plan of the cities and 16 9 county. The bill requires cities to provide regulatory 16 10 incentives, such as expedited permitting and waiver of permit 16 11 fees, for development within certain parts of the city. 16 12 The bill prohibits annexation of territory in a strategic 16 13 preservation area. The bill requires that an annexation 16 14 petition must include a statement that the annexation is in 16 15 conformance with the strategic development plan. These 16 16 amendments take effect January 1, 2005. 16 17 The bill may include a state mandate as defined in Code 16 18 section 25B.3. However, the bill makes inapplicable Code 16 19 section 25B.2, subsection 3, which would relieve a political 16 20 subdivision from complying with a state mandate if funding for 16 21 the cost of the state mandate is not provided or specified. 16 22 Therefore, political subdivisions are required to comply with 16 23 any state mandate included in the bill. 16 24 Except as otherwise noted, the bill takes effect May 1, 16 25 2002. 16 26 LSB 5415HV 79 16 27 sc/pj/5
Text: HF02566 Text: HF02568 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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