House File 533
HOUSE FILE
BY COMMITTEE ON ENVIRONMENTAL
PROTECTION
(SUCCESSOR TO HSB 112)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the review of subdivision plats by a local
2 board of health or a county sanitarian.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2269HV 80
5 tm/sh/8
PAG LIN
1 1 Section 1. Section 354.8, Code 2003, is amended to read as
1 2 follows:
1 3 354.8 REVIEW AND APPROVAL BY GOVERNING BODIES.
1 4 1. Prior to approval of a subdivision plat by a governing
1 5 body pursuant to this section, all preliminary or proposed
1 6 subdivision plats that are to be served, in part or entirely,
1 7 by an on=site wastewater treatment and disposal system that
1 8 serves the proposed subdivision shall have been reviewed and
1 9 approved by the local board of health, the county sanitarian,
1 10 or the entity delegated authority by the department of natural
1 11 resources over nonpublic water wells and supplies and on=site
1 12 wastewater treatment systems.
1 13 2. A proposed subdivision plat lying within the
1 14 jurisdiction of a governing body shall be submitted to that
1 15 governing body for review and approval prior to recording.
1 16 Governing bodies shall apply reasonable standards and
1 17 conditions in accordance with applicable statutes and
1 18 ordinances for the review and approval of subdivisions. The
1 19 governing body, within sixty days of application for final
1 20 approval of the subdivision plat, shall determine whether the
1 21 subdivision conforms to its comprehensive plan and shall give
1 22 consideration to the possible burden on public improvements
1 23 and to a balance of interests between the proprietor, future
1 24 purchasers, and the public interest in the subdivision when
1 25 reviewing the proposed subdivision and when requiring the
1 26 installation of public improvements in conjunction with
1 27 approval of a subdivision. The governing body shall not issue
1 28 final approval of a subdivision plat unless the subdivision
1 29 plat conforms to sections 354.6, 354.11, and 355.8.
1 30 If the subdivision plat and all matters related to final
1 31 approval of the subdivision plat conform to the standards and
1 32 conditions established by the governing body, and conform to
1 33 this chapter and chapter 355, the governing body, by
1 34 resolution, shall approve the plat and certify the resolution
1 35 which shall be recorded with the plat. The recorder shall
2 1 refuse to accept a subdivision plat presented for recording
2 2 without a resolution from each applicable governing body
2 3 approving the subdivision plat or waiving the right to review.
2 4 A city may establish jurisdiction to review subdivisions or
2 5 plats of survey outside its boundaries pursuant to the
2 6 provisions of section 354.9. In the case of a city, the
2 7 provisions of this section apply to the review by the city of
2 8 both subdivision plats and plats of survey.
2 9 EXPLANATION
2 10 This bill relates to the review of subdivision plats by a
2 11 local board of health or a county sanitarian.
2 12 The bill provides that prior to approval of a subdivision
2 13 plat by a governing body, all preliminary or proposed
2 14 subdivision plats that are to be served, in part or entirely,
2 15 by an on=site wastewater treatment and disposal system that
2 16 serves the proposed subdivision shall have been reviewed and
2 17 approved by the local board of health, the county sanitarian,
2 18 or the entity delegated authority by the department of natural
2 19 resources over nonpublic water wells and supplies and on=site
2 20 wastewater treatment systems.
2 21 LSB 2269HV 80
2 22 tm/sh/8