House Journal: Page 988: Thursday, April 3, 2003
33 from the city. The board shall notify the city of the
34 severance proceedings and shall hold a public hearing
35 on the proposed severance. The board shall give
36 notice of the hearing in the same manner as notice of
37 a public meeting in section 368.11. The board may
38 order severance of all or a portion of the territory
39 and the order to sever is not subject to approval at
40 an election. However, a A city may appeal to request
41 that the board for allow up to an additional three
42 years to provide municipal services if good cause is
43 shown. a petition for severance filed pursuant to
44 this section shall be filed and acted upon in the same
45 manner as a petition under section 368.11. As an
46 alternative to severance of the territory, the board
47 may impose a moratorium on additional annexation by
48 the city until the city complies with its plan for
49 extending municipal services. For purposes of this
50 section, "municipal services" means services selected
Page 3
1 by a landowner to be provided by the city, including,
2 but not limited to, water supply, sewage disposal,
3 street and road maintenance, and police and fire
4 protection, if the provision of such services is
5 within the legal authority of the annexing city
6 included in the plan required by section 368.11,
7 subsection 14, for extending municipal services."
8 9. Page 5, by striking lines 22 through 29 and
9 inserting the following:
10 "A city ordinance or regulation that regulates a
11 condition or activity occurring on protected farmland
12 or regulates a person who owns or operates protected
13 farmland is unenforceable against the owner or
14 operator of the protected farmland for a period of ten
15 years from the effective date of the annexation, to
16 the extent the city ordinance or regulation is more
17 stringent than county legislation. Section 335.2
18 shall apply to the protected farmland until the owner
19 of the protected farmland determines that the land
20 will no longer be operated as an agricultural
21 operation. Any enforcement activity conducted in
22 violation of this section is void.
23 A "condition or activity occurring on protected
24 farmland" includes but is not limited to the raising,
25 harvesting, drying, or storage of crops; the marketing
26 of products at roadside stands or farm markets; the
27 creation of noise, odor, dust, or fumes; the
28 production, care, feeding, or housing of animals
29 including but not limited to the construction,
30 operation, or management of an animal feeding
31 operation, an animal feeding operation structure, or
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